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Employer Liability Issues › After-Acquired Evidence

Proskauer - California Employment Law

After-Acquired Evidence Was Properly Used To Defeat ADA Claim

Proskauer - California Employment Law on

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) - After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her...more

Dorsey & Whitney LLP

Ninth Circuit Holds that After-Acquired Evidence May Disqualify Plaintiffs Under the Americans With Disabilities Act

Dorsey & Whitney LLP on

On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act. Sunny Anthony was employed by...more

Sheppard Mullin Richter & Hampton LLP

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

Sheppard Mullin Richter & Hampton LLP on

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

Fisher Phillips

California Supreme Court: "Illegal Immigrant Shouldn't Have Been Hired – But Can't Be Fired Illegally"

Fisher Phillips on

On June 26, 2014, the California Supreme Court decided that an employee may proceed with a discrimination lawsuit even though he presented false work authorization documents to obtain employment in the first place....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more

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