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Case Brief

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Employer's motion for summary judgment in employment discrimination suit was granted by the United States District Court for the Western District of Pennsylvania, Barron P. McCune, J., 854 F.Supp. 378, on ground that plaintiff's alleged resume fraud provided complete defense. Appeal was taken. The Court of Appeals, Becker, Circuit Judge, held that: (1) after-acquired evidence of employee's resume fraud was irrelevant to liability determination in employment discrimination case, but (2) after-acquired evidence could be used during remedy stage to limit damages if employer could show independent discovery of the evidence. Vacated and remanded. Procedural Posture(s): On Appeal; Motion for Summary Judgement.


United States Court of Appeals, Third Circuit


Hon. Edward Roy Becker, Hon. Richard L. Nygaard, Yohn


Joel S. Sansone (argued), Kelly L. Scanlon, Sansone & Associates, Pittsburgh, PA, for appellant. Roslyn M. Litman (argued), Martha S. Helmreich, Litman Litman Harris Brown and Watzman, P.C., Pittsburgh, PA, for appellee. James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate General Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Barbara L. Sloan (argued), E.E.O.C., Office of Gen. Counsel, Washington, DC, for amicus curiae in support of appellant.

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