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Employment discrimination

Chicago-Kent Law Review

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Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks Apr 2014

Expanding The After-Acquired Evidence Defense To Include Post-Termination Misconduct, Holly G. Eubanks

Chicago-Kent Law Review

In 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 …


Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock Jun 2010

Closing The Gap Legislatively: Consequences Of The Lilly Ledbetter Fair Pay Act, Carolyn E. Sorock

Chicago-Kent Law Review

With the Lilly Ledbetter Fair Pay Act of 2009, Congress both reversed the result of the widely criticized Ledbetter Supreme Court case and expanded the statute of limitations for all employment discrimination claims relating to compensation. Under the Act, a compensation-based employment discrimination claim's statute of limitations period of three hundred days begins to run whenever an employee is "affected" by a discriminatory practice. The language of the Act is far-reaching, but just five months after the Act was signed into law, the Supreme Court stepped in again to narrow the Act's application to pension benefits in AT&T Corp. v. …


Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin Apr 2006

Secrecy In Context: The Shadowy Life Of Civil Rights Litigation, Minna J. Kotkin

Chicago-Kent Law Review

This article explores how secrecy has come to pervade employment discrimination litigation as a consequence of procedural and substantive changes in the law over the last twenty-five years. In contrast to products liability and toxic tort claims, where secrecy can endanger the public health and safety, secrecy in the discrimination context has a less dramatic impact and thus, has attracted little attention. But when very few discrimination claims end in a public finding of liability, there is a significant cumulative effect, creating the appearance that workplace bias is largely a thing of the past. The trend towards secrecy can be …