BETTER LATE THAN NEVER - AFTER-ACQUIRED EVIDENCE IN EMPLOYMENT DISCRIMINATION CASES

Employers in the midst of litigation frequently discover facts unknown at the time of termination that may form a legitimate, nondiscriminat ory basis for the termination. The U.S. courts of appeals that have ex amined the admissibility of after-acquired evidence in employment disc rimination cases have reached conflicting rulings. In light of this co nflict, the US. Supreme Court has signaled that it will enter the fray and resolve this conflict in Milligan-Jensen v. Michigan Technologica l University, 975 F.2d 302(1992), certiorari granted, 1993 U.S. LEXIS 4224 (U.S. 1993). This article explores the conflict and discusses the practical implications for employers confronted with after-acquired e vidence.