After-Acquired Evidence of Prior Conviction Disqualified Applicant from Position

Evidence of a prior narcotics conviction could be used to show that the employee was not qualified for a union organizer position, even though the employer did not learn of the conviction until after it made the decision not to hire the plaintiff, the California Court of Appeal has ruled. Horne v. Int’l Union of Painters and Allied Trades, Dist. Council 16, No. A135470 (Cal. Ct. App. Dec. 3, 2013). Although the after-acquired evidence doctrine would bar the use of the conviction to prove the employer’s motive for refusing to hire the employee, the Court stated the conviction could be used to show the employee failed to satisfy a prima facie racial discrimination case under the California Fair Employment and Housing Act. Accordingly, the Court affirmed summary judgment in favor of the employer.