THE AFTER-ACQUIRED EVIDENCE RULE - THE BEST OF ALL POSSIBLE WORLDS

Although the Supreme Court provided substantial guidance in its McKenn on decision, it left several significant questions unanswered. These q uestions include the following: (1) To which antidiscrimination statut es does the McKennon standard apply? (2) What is the employer's standa rd of proof with respect to after-acquired evidence? (3) To what exten t, if any, should compensatory damages, punitive damages, liquidated d amages, and attorney fees be limited in after-acquired evidence cases? (4) Which conditions constitute ''extraordinary equitable circumstanc es'' that may alter the scope of relief under the McKennon standard? I n order to find answers to these questions, the author examines the EE OC Enforcement Guidance concerning after-acquired evidence, which was published in December 1995. In addition, she analyzes several court de cisions and legal commentaries and provides her own insight into these issues.