11.9 Age Discrimination-Defenses-After-Acquired Evidence

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Multi-State
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US-JURY-9THCIR-11-9
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 11.9 Age Discrimination-Defenses-After-Acquired Evidence is a legal defense used in age discrimination cases. This defense is used when an employer has discovered evidence after the fact that would have prevented them from hiring or retaining an employee who they later terminated because of their age. This evidence may include things like falsified resumes, criminal records, or new information about an employee's experience or qualifications that makes them a poor fit for the job. There are two types of 11.9 Age Discrimination-Defenses-After-Acquired Evidence: the “after-acquired evidence” defense and the “changed circumstances” defense. The “after-acquired evidence” defense allows an employer to argue that they would not have hired the employee in the first place had they known the information they later discovered. The “changed circumstances” defense allows an employer to argue that the employee's job performance or qualifications had changed since they were hired, thus making them no longer suitable for the job.

11.9 Age Discrimination-Defenses-After-Acquired Evidence is a legal defense used in age discrimination cases. This defense is used when an employer has discovered evidence after the fact that would have prevented them from hiring or retaining an employee who they later terminated because of their age. This evidence may include things like falsified resumes, criminal records, or new information about an employee's experience or qualifications that makes them a poor fit for the job. There are two types of 11.9 Age Discrimination-Defenses-After-Acquired Evidence: the “after-acquired evidence” defense and the “changed circumstances” defense. The “after-acquired evidence” defense allows an employer to argue that they would not have hired the employee in the first place had they known the information they later discovered. The “changed circumstances” defense allows an employer to argue that the employee's job performance or qualifications had changed since they were hired, thus making them no longer suitable for the job.

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11.9 Age Discrimination-Defenses-After-Acquired Evidence