After-Acquired Evidence Doctrine Inapplicable.

Plaintiff, an African American, twice applied to become a union organizer, but both times the position was filled by white men. He filed a discrimination complaint with the Department of Fair Employment and Housing, and received a right to sue letter. He then filed an employment discrimination action. During discovery, he admitted he had been convicted of possession of narcotics for sale and served time in prison. Although the union was unaware of plaintiff’s felony previously, upon learning about it, the union demanded that plaintiff dismiss his action because, pursuant to 29 U.S.C. § 504(a), he was legally unqualified for the position he sought. Later, the union sought dismissal through a motion for summary judgment, which the trial court granted. On appeal, plaintiff contended the after-acquired evidence doctrine precluded the trial court from considering his felony conviction, and that the decision not to hire him was racially motivated. In affirming, the appellate court found that, since plaintiff was not qualified for the organizer position, he cannot show a prima facie case for racial discrimination.”  (Horne v. District Council 16  International Union of Painters and Allied Trades (Cal. App. First Dist., Div. 4; December 3, 2013) 221 Cal.App.4th 1132.)