Attorney(s) appearing for the Case
Francis G. Fanning, Tempe, Arizona, for the plaintiff-appellant.
Tibor Nagy, Jr., Snell & Wilmer, Tucson, Arizona, for the defendant-appellee.
Robert J. Gregory, Attorney, Equal Employment Opportunity Commission, Washington, D.C., for amicus Equal Employment Opportunity Commission, on behalf of the plaintiff-appellant.
Before: FLETCHER, KOZINSKI, and TROTT, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge FLETCHER.
KOZINSKI, Circuit Judge.
We consider whether an employer found to have violated the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., can avoid all liability for its discrimination by proving with "after-acquired evidence" that the plaintiff could have been discharged for a legitimate reason.
On June 8, 1990, Dennis O'Day was denied...
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