Abstract
Recently, the United States Supreme Court decided McKennon v. Nashville Banner Publishing Co.,' a case which addresses whether an employer can introduce after-acquired evidence (such as rresume fraud or employee misconduct) as a defense to an employment discrimination claim. The issue of after-acquired evidence has generated considerable debate throughout the United States Courts of Appeals. The majority of the circuit courts have taken the approachused in Summers v. State Farm Mutual Automobile Insurance Co., using after-acquired evidence of employee misconduct to bar all employer liability. However, this approach is inherently unfair because it would leave a plaintiff like McKennon, who had worked satisfactorily for her employer for almost forty years, without compensation for her employer's admitted discrimination.
Recommended Citation
Petersen, Lisa R.
(1995)
"A Final Resolution of the Dispute
Surrounding After-Acquired Evidence
as a Defense to Employment Discrimination,"
Utah Law Review: Vol. 1995:
No.
3, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1995/iss3/6