1. Module 2 Reinforcement Activity After-Acquired Evidence
An organization discriminates against an older employee when deciding layoffs
The employee files suit for age discrimination
During depositions, the employee admits that she copied confidential financial documents and showed them to her husband as “insurance” and “protection” should layoffs occur
The organization sends the employee a letter stating that removal and copying of the records was in violation of her job responsibilities and advising her (again) that she was terminated
The letter also stated that if it had known of the employee’s misconduct it would have discharged her at once for that reason.
After-Acquired Evidence
Instructions:
Read through the information on the slide
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2. Module 2 Reinforcement Activity After-Acquired Evidence: Q1
Does the employee’s action cancel out the company’s discriminatory action?
After-Acquired Evidence
Question 1
Read question and determine your answer. Proceed to the next slide for feedback.
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3. Module 2 Reinforcement Activity After-Acquired Evidence: Q1 Feedback
Does the employee’s action cancel out the company’s discriminatory action? No
In McKennon v. Nashville Banner Publishing Company (1995), the Supreme Court held that “after-acquired” evidence does not defeat an employer’s liability for violating the ADEA.
Even if the employee’s later-discovered misconduct could be considered grounds for termination, the ADEA violation that actually prompted the dismissal cannot be ignored.
After-Acquired Evidence
Question 1 Feedback
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4. Module 2 Reinforcement Activity After-Acquired Evidence: Q2
Does the employee’s action affect the remedy available to the employee?
After-Acquired Evidence
Question 2
Read question and determine your answer. Proceed to the next slide for feedback.
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5. Module 2 Reinforcement Activity After-Acquired Evidence: Q2
Does the employee’s action affect the remedy available to the employee?
Yes
The Court concluded that the proper boundaries of remedial relief must be addressed on a case-by-case basis.
In an after-acquired evidence argument, the employer must first establish that the wrongdoing was so severe that the employee would have been terminated on those grounds alone.
If this is true, neither reinstatement nor front pay is an appropriate remedy, and back pay should run only from the date of the unlawful discharge to the date the new information was discovered.
After-Acquired Evidence
Question 2 Feedback
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6. Module 2 Reinforcement Activity Interviewing
Permitted
Not Permitted
I see that you have served in the military service. Do you have a type of discharge that makes you ineligible for reemployment?
INTERVIEWING
Read the question and indicate if it is permitted or not permitted then proceed to the next slide for feedback.
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7. Module 2 Reinforcement Activity Interviewing
Permitted
Not Permitted
I see that you have served in the military service. Do you have a type of discharge that makes you ineligible for reemployment? 
Have you been arrested in the past?
INTERVIEWING
Question 1 Answer/Feedback
There are types of discharges that render an employee ineligible for USERRA protection.
Read Question 2 and determine your response
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8. Module 2 Reinforcement Activity Interviewing
Permitted
Not Permitted
I see that you have served in the military service. Do you have a type of discharge that makes you ineligible for reemployment? 
Have you been arrested in the past?
Do you have relatives employed at our company?
INTERVIEWING
Question 2 Answer/Feedback
An employer is not allowed to ask about arrests, other than pending charges, and may consider only those pending charges that are job-related. An employer can ask about convictions. However, employers must follow local laws that prohibit such questions.
Read Question 3 and determine your response
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9. Module 2 Reinforcement Activity Interviewing
Permitted
Not Permitted
I see that you have served in the military service. Do you have a type of discharge that makes you ineligible for reemployment? 
Have you been arrested in the past?
Do you have relatives employed at our company?
Do you have a legal right to be employed in the U.S.?
INTERVIEWING
Question 3 Answer/Feedback
This is a legitimate question that may affect organizational hiring policies or affect assignment if the applicant is hired.
Read Question 4 and determine your response
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10. Module 2 Reinforcement Activity Interviewing
Permitted
Not Permitted
I see that you have served in the military service. Do you have a type of discharge that makes you ineligible for reemployment? 
Have you been arrested in the past?
Do you have relatives employed at our company?
Do you have a legal right to be employed in the U.S.?
What does your spouse do?
INTERVIEWING
Question 4 Answer/Feedback
Yes, because hiring those without legal right to work in this country will put the organization in violation of federal and local laws.
Read Question 5 and determine your response
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11. Module 2 Reinforcement Activity Interviewing
Permitted
Not permitted
I see that you have served in the military service. Do you have a type of discharge that makes you ineligible for reemployment? 
Have you been arrested in the past?
Do you have relatives employed at our company?
Do you have a legal right to be employed in the U.S.?
What does your spouse do?
I graduated from the university, too. What year did you graduate?
INTERVIEWING
Question 5 Answer/Feedback
No question related to marital status should be asked.
Read Question 6 and determine your response
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12. Module 2 Reinforcement Activity Interviewing
Permitted
Not Permitted
I see that you served in the military. Do you have a type of discharge that makes you ineligible for reemployment? 
Have you been arrested in the past?
Do you have relatives employed at our company?
Do you have a legal right to be employed in the U.S.?
What does your spouse do?
I graduated from the university, too. What year did you graduate?
INTERVIEWING
Question 6 Answer/Feedback
No question related to age should be asked.
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