11.9 Age Discrimination-Defenses-After-Acquired Evidence is a legal defense used in age discrimination cases. This defense is used when an employer has discovered evidence after the fact that would have prevented them from hiring or retaining an employee who they later terminated because of their age. This evidence may include things like falsified resumes, criminal records, or new information about an employee's experience or qualifications that makes them a poor fit for the job. There are two types of 11.9 Age Discrimination-Defenses-After-Acquired Evidence: the “after-acquired evidence” defense and the “changed circumstances” defense. The “after-acquired evidence” defense allows an employer to argue that they would not have hired the employee in the first place had they known the information they later discovered. The “changed circumstances” defense allows an employer to argue that the employee's job performance or qualifications had changed since they were hired, thus making them no longer suitable for the job.
11.9 Age Discrimination-Defenses-After-Acquired Evidence
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FAQ
Most commonly, the after-acquired evidence doctrine will bar the former employee in this hypothetical from recovering a portion of her back pay, which are wages the former employee would have received if she had continued working for the employer.
For example, if the employer finds out, after the termination, that the employee had lied about their education on their resume, an employer can use this evidence as a defense because this resume fraud would have led to termination.
Our attorneys who defends employers against an age discrimination lawsuit will assert affirmative defenses, including that the employee was not qualified for occupation, business necessity, or seniority system. California laws forbids age discrimination against workers who are age 40 or older.
A defense available in employment discrimination cases that can be used to limit the employer's exposure to damages (for example, by cutting off back pay), but not to avoid liability entirely.
Three Valid Defenses Bona Fide Occupational Qualification (BFOQ)Legitimate, Non-Discriminatory Reason.False or Misrepresented Allegations.
Ageism in the Workplace and 7 Ways to Fight It The Optics: Be More Inclusive. Adjusted Training Sessions. A Reassuring Hiring Process. Promotions vs. New Employees. Retirement Plans. Healthcare Plans. A Clear Downsizing and Resignation Process.