Congress enacted Title VII of the 1964 Civil Rights Act to combat employment discrimination and to provide relief to discrimination victims. The 1972 and 1991 amendments strengthened the statute and delineated a clear congressional commitment to the statute's purposes. In most cases the courts have utilized the statutes remedial provisions to deter further discriminatory conduct and to provide relief to victims. However, the majority of federal circuit courts which have addressed the issue deny a remedy to plaintiffs in cases where an employer discovers evidence of an employee's misrepresentations on a resume or evidence of misconduct on the job after the discriminatory action. This Comment critically examines the majority view and concludes that using afteracquired evidence to withhold all remedies violates the purposes of Title VII and misapplies equitable principles. This Comment also urges the courts to follow the EEOC guidelines regarding use of after-acquired evidence and offers a proposal for treatment of after-acquired evidence under Title VII.
Jennifer M. Follette,
Complete Justice: Upholding the Principles of Title VII Through Appropriate Treatment of after-Acquired Evidence,
68 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol68/iss3/4