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McKennon v. Nashville Banner Publishing Company

SUPREME COURT OF THE UNITED STATES

Certiorari To The United States Court Of Appeals For The Sixth Circuit

Case Analysis

Jorge A Montero

Carlos Arbizu University

Abstract:

This case analysis will covers the impact of the McKennon V. Nashville Banner Publishing Co Supreme Court Of The United States Decision in any legal dispute regulated by Age Discrimination In Employment Act of 1967 (ADEA) and others regulation that covers the elimination of discrimination in the workplace, the contribution to payback calculation procedure in this type of legal suit, as well as impact in the workplace environment. The Court held in McKennon established that the employer is
The Court limited the remedies of front pay, reinstatement and back pay only to the extent necessary to protect the employer's legitimate interest in severing the employment relationship with an unsatisfactory employee.

The McKennon case with this outcomes was able to resolves the disparity among federal circuits with regards to the ADEA and “ after-acquired evidence”, which constitutes a necessary first step toward continuity and uniformity in the application of the “after acquired evidence” doctrine in employment discrimination cases; and created a resolution where the “after acquired evidence “ of employee wrongdoing will not preclude employees from all relief granted under the ADEA . As well as established a framework with method of calculating employee back pay in this type of litigation considering the importance of federal discrimination regulations without unprotect the employers legitimate interest.

However , even with apparently straight forward holding, the Court left several issues unresolved. First, the Court failed to address the application of the “after-acquired evidence” doctrine to other types of employment discriminations. Also, it is unclear how severe an employee`s misconduct most be to warrant the application of “after acquire evidence” rule instead of the discrimination being determined to be merely inferential disparate treatment. Finally,