Add to ORKGIn 1995, the United States Supreme Court formulated the after-acquired evidence defense in employment discrimination litigation. The defense, if successfully established, allows the defendant to limit the damages available to the plaintiff. In order to assert the defense, a defendant must establish that it would have terminated the plaintiff based on after-acquired evidence of wrongdoing if the defendant had known of the wrongdoing prior to the termination. The defense, as generally accepted, applies to misconduct that occurs during employment and misconduct that occurs prior to employment in the application process. This note considers the potential expansion of the defense to include the plaintiff’s post-termination misconduct and ultimat...
In a wrongful termination case, the defendant has the burden of proving that the plaintiff did not a...
I. Introduction II. The History of the Controversy ... A. Summers v. State Farm Mutual Automobile In...
Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to p...
In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employmen...
Under the doctrine of after-acquired evidence, an employer may avoid liability for a discriminatory ...
A new defense to employment discrimination claims has gained acceptance in the lower courts. Employe...
Even a victim of the most egregious discrimination may recover little monetary relief if the defenda...
During the last thirty years, there have been dramatic changes in the law governing job security of ...
This article previews the Supreme Court case McKennon v. Nashville Banner Publishing Company, 513 U....
This year, the Supreme Court was presented for the first time with the issue of whether after-acquir...
This article explores the legal practice area of employment discrimination and adverse decisions bas...
When a worker sues an employer, the employer sometimes learns thereafter that the worker had committ...
This Article analyzes the use of after-acquired evidence to defeat a discrimination victim\u27s clai...
The legal theory of constructive discharge was first adopted by the U.S. Supreme Court in Sure-Tan, ...
The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a comple...
In a wrongful termination case, the defendant has the burden of proving that the plaintiff did not a...
I. Introduction II. The History of the Controversy ... A. Summers v. State Farm Mutual Automobile In...
Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to p...
In 1995, the United States Supreme Court formulated the after-acquired evidence defense in employmen...
Under the doctrine of after-acquired evidence, an employer may avoid liability for a discriminatory ...
A new defense to employment discrimination claims has gained acceptance in the lower courts. Employe...
Even a victim of the most egregious discrimination may recover little monetary relief if the defenda...
During the last thirty years, there have been dramatic changes in the law governing job security of ...
This article previews the Supreme Court case McKennon v. Nashville Banner Publishing Company, 513 U....
This year, the Supreme Court was presented for the first time with the issue of whether after-acquir...
This article explores the legal practice area of employment discrimination and adverse decisions bas...
When a worker sues an employer, the employer sometimes learns thereafter that the worker had committ...
This Article analyzes the use of after-acquired evidence to defeat a discrimination victim\u27s clai...
The legal theory of constructive discharge was first adopted by the U.S. Supreme Court in Sure-Tan, ...
The Eleventh Circuit has stated that application of the after-acquired evidence doctrine as a comple...
In a wrongful termination case, the defendant has the burden of proving that the plaintiff did not a...
I. Introduction II. The History of the Controversy ... A. Summers v. State Farm Mutual Automobile In...
Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to p...