The paper analyses the applications of the doctrine and how employees and employers may equitably maximize the rule to its full extent. The doctrine may level the playing field for employers in employment discrimination claims. However, there is also a danger of inequitably undermining the plaintiff's claims of demonstrating authentically unlawful motivations of employers.
The After-Acquired Evidence Doctrine is one of the most controversial rules recently contained in the employment law. As claims on employment discrimination are often invoked in courts by those who alleged unlawful discharge as a consequence of their ethnicity, religion, disability, gender or race, the US courts' decisions with regards these claims have transformed and encompassed contingencies that were neither promulgated nor mulled over by legislature. The After-Acquired Evidence Rule spawned to be a ground-breaking doctrine which takes into account misconducts - such as document and resume fraud - and the legality of the working status of a person - such as that of an illegal alien. ...Show more