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WALLACE v. DUNN CONST. CO., INC.

No. 91-7406.

62 F.3d 374 (1995)

Becky WALLACE, Plaintiff, Annette Neal, Plaintiff-Appellee, v. DUNN CONSTRUCTION COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Peyton Lacy, Thomas F. Campbell, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for appellant.

Marvin L. Stewart, Jr., Najjar, Denaburg, Meyerson, Zarzaur, Max, Wright & Schwartz, P.C., Birmingham, AL, for appellee.

Before TJOFLAT, Chief Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges, and GODBOLD, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

In this appeal, we address the role that after-acquired evidence of an employee's fraud in a job application plays in actions brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII")1 and the Equal Pay Act of 1963 ("Equal Pay Act").2 Specifically, we hold that the Supreme Court's recent decision, McKennon v. Nashville Banner Publishing Co.,

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