Mckennon vs. Nashville Banner Publishing Company
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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 liable for its discriminatory actions even where it subsequently discovers evidence that would have led to the adverse action on lawful and legitimate grounds.
Statement of the problem:
Christine McKennon had been employed by the Nashville Banner Publishing Company (Banner) for nearly 30 years when she was terminated at the age of 62. According to the Banner, she was discharged as part of a work force reduction plan that was implemented to reduce costs. McKennon filed an ADEA action that alleged that her termination was due to her age. During a
deposition, McKennon testified that during her employment she had copied and removed from the Banner's headquarters several confidential financial documents out of concern for her job
security and for her "insurance" and "protection." . Thereafter, the Banner sent McKennon a letter informing her that the removal and copying of the records was in violation of her job responsibilities and "advising her (again) that she was terminated. The Banner also notified McKennon that had it known of this earlier misconduct it would have discharged her immediately.
For purposes of summary judgment, the Nashville Banner Publishing Co conceded its discrimination against McKennon,
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 liable for its discriminatory actions even where it subsequently discovers evidence that would have led to the adverse action on lawful and legitimate grounds.
Statement of the problem:
Christine McKennon had been employed by the Nashville Banner Publishing Company (Banner) for nearly 30 years when she was terminated at the age of 62. According to the Banner, she was discharged as part of a work force reduction plan that was implemented to reduce costs. McKennon filed an ADEA action that alleged that her termination was due to her age. During a
deposition, McKennon testified that during her employment she had copied and removed from the Banner's headquarters several confidential financial documents out of concern for her job
security and for her "insurance" and "protection." . Thereafter, the Banner sent McKennon a letter informing her that the removal and copying of the records was in violation of her job responsibilities and "advising her (again) that she was terminated. The Banner also notified McKennon that had it known of this earlier misconduct it would have discharged her immediately.
For purposes of summary judgment, the Nashville Banner Publishing Co conceded its discrimination against McKennon,
References: • EEOC NOTICE, Number 915.002, 12-14-95 • McKennon v. Ashville Banner Publishing Company: Progression of the after –Acquired Evidence Doctrine, by Lauren L Logan • US Equal Employment Opportunity Commission website