For 30 years, christine mckennon (petitioner) worked for nashville banner publishing company (respondent) christine was terminated as part of a work reduction plan at the age of 62 mckennon filed suit alleging her termination was a violation of the age discrimination in employment act (adea. Nashville banner publishing co according to reed & bogardus (2012), in the case, mckennon v nashville banner publishing co, an employee named christine mckennon was employed with the company for 1. Mckennon vs nashville banner publishing company essay 1359 words | 6 pages ` ` mckennon v nashville banner publishing company supreme court of the united states. Nashville banner publishing company (case no 93-1543) eliminates a defense that a growing number of employers had used successfully in recent years to win the dismissal of federal lawsuits. The nashville banner employed mrs mckennon from may 1951 to october 31, 1990, when she was terminated mrs mckennon worked primarily as a secretary, and over the years the company consistently evaluated her work performance as excellent.
Christine mckennon, petitioner v nashville banner publishing company on writ of certiorari to the united states court of appeals for the sixth circuit. Sat word list 03 this word list has essential sat words to help boost your vocabulary free sat prep from majortestscom. Mckennon v nashville banner (1995) are employees who lose their jobs because of discrimination still entitled to back pay, even if the employer later discovers misconduct that would have justified dismissal had it been known at the time.
Mckennon v nashville banner publishing co, 513 us 352 (1995) in general, the employee is not entitled to reinstatement or front pay, and the back pay liability period is limited to the time between the occurrence of the discriminatory act and the date the misconduct justifying the job action is discovered. Alleging that her discharge by respondent nashville banner publishing company violated the age discrimination in employment act of 1967 (adea), petitioner mckennon filed suit seeking a variety of legal and equitable remedies available under the adea, including backpay after she admitted in her. Mckennon v nashville banner publishing co the district court granted summary judgment for the company, holding that mckennon's misconduct was grounds for her.
Nashville banner publishing co, supra, 513 us at 362, 115 sct 879 both are situations in which the causal relation between the unlawful conduct and the employee's termination is severed had the board awarded backpay to starnes for any period after the company learned of his driving record, the cases that we have cited would require us to. Claims: mckennon v nashville banner publishing co introduction many state and federal statutes protect employees from being dis- lishing company (banner), in. Expanding the after-acquired evidence defense to employment statutes in mckennon v nashville banner publishing compa- mobile insurance company articulated. Nashville banner publishing co read the overview of the case mckennon v nashville banner publishing co using online resources read the details of the case write a. The case arose when the employer, nashville banner publishing company, terminated a 62 year old employee, christina mckennon, who had worked for the company for 30 years the company claimed that the discharge was part of a reduction in force necessitated by cost considerations.
Full-text paper (pdf): employment discrimination claims remain valid despite after-acquired evidence of employee wrongdoing. In her appeal, mckennon v nashville banner, no 93-1543, ms mckennon asked only for back pay and did not seek either reinstatement or future wages. Mckennon v nashville banner publishing co petitioner christine mckennon worked for respondent nashville banner publishing company she was discharged, the.
Mckennon v nashville banner publishing company supreme court of the united states certiorari to the united states court of appeals for the sixth circuit. For some 30 years, petitioner christine mckennon worked for respondent nashville banner publishing company she was discharged, the banner claimed, as part of a work force reduction plan necessitated by cost considerations. Mckennon v nashville banner publishing on the supreme court's 1994 docket, 1 mckennon v nashville banner during her final position at the company 8.
While the united states supreme court waves goodbye to the after-acquired evidence doctrine, c facts and holding of mckennon v nashville banner publishing co. Mckennon vs nashville banner publishing company 1995 supreme court held that evidence of misconduct acquired after the decision to terminate cannot free an employer from liability, even if the misconduct would have justified terminating the employee. Mckennon v nashville banner publishing company: progression of the after-acquired evidence doctrine by lauren logan memorandum on the national pension act hwang mok pak & jin law firm (korea. Discrimination, deceit, and legal decoys: the diversion of after-acquired evidence and the focus restored by mckennon v nashville banner publishing company.