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

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Authors
O'Brien, Christine Neylon
Issue Date
1996
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INTRODUCTION|The United States Supreme Court recently resolved a conflict among the circuits as to the appropriate use of after-acquired evidence in employment discrimination cases. In McKennon v. Nashville Banner Publishing Co., a unanimous Supreme Court upheld the plaintiff's right to her day in court on the issue of age discrimination. The Court's decision reversed a grant of summary judgment from the United States Court of Appeals for the Sixth Circuit for the defendant employer that relied upon after-acquired evidence of the plaintiff's own job-related wrongdoing. In so doing, the Court stated that, upon...
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29 Creighton L. Rev. 675 (1995-1996)
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Creighton University School of Law
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