Red Deer v. Cherokee County, Iowa
United States District Court for the Northern District of Iowa
183 F.R.D. 642 (N.D. Iowa 1999)
Red Deer (plaintiff), a Native American woman who applied for a deputy sheriff position, sued Cherokee County (defendant) for discrimination and retaliation after being rejected; the county later discovered she had misrepresented her reasons for leaving two prior jobs on her application, and argued this after-acquired evidence of dishonesty would have justified refusing to hire her regardless of any discriminatory motive. Red Deer moved to exclude this evidence, arguing the county couldn't have relied on facts it didn't know at the time of its hiring decision, and the district court considered the motion.
Whether after-acquired evidence of employee wrongdoing is an affirmative defense to a discriminatory failure-to-hire claim that must be pleaded and proved by the defendant.