The United States Supreme Court held that evidence of employee misconduct acquired after an employee's discriminatory discharge does not act as a complete bar to recovery under the ADEA. The Court held that an injured plaintiff is entitled to backpay damages from the time of discharge until the employer discovers the evidence which would have led to the employee's legitimate discharge.
McKennon v. Nashville Banner Publishing Co., 115 S. Ct. 879 (1995).
Maureen A. Shannon,
Employment Discrimination - Age Discrimination in Employment Act of 1967 - After-Acquired Evidence - Availability of Damages,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol34/iss1/11