After-acquired evidence is a term used to designate evidence discovered by an employer accused of workplace discrimination that ex-post-facto justifies the employer’s adverse conduct towards the employee.
An employer who is being sued for discriminatory dismissal or disciplining of an employee may find itself in the position of having discovered after-acquired evidence when it has already completed the adverse action against the employee. This evidence shows that the employee has behaved in a way that would have justified the employer’s action; however, it did not form the basis of the action at the time, since the employer was unaware of the employee’s misconduct at the time of dismissal or discipline.
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