The Impact of After-Acquired Evidence in Employment Discrimination Cases after McKennon v. Nashville Banner Publishing Company

16 Pages Posted: 29 Oct 2009

See all articles by Christine Neylon O'Brien

Christine Neylon O'Brien

Boston College - Carroll School of Management

Date Written: October 28, 1996

Abstract

This article follows up on the Supreme Court's decision in McKennon v. Nashville Banner Publishing Company. The author outlines the facts and holding of the Court, along with an extensive analysis on the meaning of the ruling that liability for employment discrimination is not automatically barred by after-acquired evidence. Noting that trial courts will be now drawn into complex calculation regarding remedies in such cases, the author offers several hypotheticals outlining a range of scenarios, as well as suggested solutions to this issue of after-acquired evidence in the remedies phase of a trial.

Suggested Citation

O'Brien, Christine Neylon, The Impact of After-Acquired Evidence in Employment Discrimination Cases after McKennon v. Nashville Banner Publishing Company (October 28, 1996). Creighton Law Review, Vol. 29, pp. 675-689, 1996 , Available at SSRN: https://ssrn.com/abstract=1495844

Christine Neylon O'Brien (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Business Law Department
Chestnut Hill, MA 02467
United States
(617) 552-0413 (Phone)
(617) 552-0414 (Fax)

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