Finegan v. County of Los Angeles

Opinion

WILLHITE, J. *

Introduction

When an employer unlawfully fires or discriminates against an employee, recent federal and California cases hold that the employer may not necessarily escape liability through so-called after-acquired evidence of other wrongdoing by the employee showing he would have been fired for other reasons. At issue here is whether that rule bars expert medical testimony offered to rebut the plaintiff’s claim that he was qualified to perform his job, which is an essential element of a cause of action for disability discrimination. As set forth below, we hold such…