Mckennon vs. Nashville Banner Publishing Company Essay

1359 Words6 Pages
` ` 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…show more content…
at 886. The Court noting that balancing the need to compensate victims and deter violations of the ADEA with the employer's lawful prerogatives cannot be done with precision in after-acquired evidence cases, it provided general guidelines in assessing the appropriate award of back pay in such cases. The Court flatly rejected an absolute bar on back pay, and held that back pay should be the "beginning point" in the formulation of a remedy and should run "from the date of the unlawful discharge to the date the new information was discovered." 115 S.Ct. at 886. The Court further recognized that in formulating an appropriate order for relief, the trial court may take "into account extraordinary equitable circumstances that affect the legitimate interests of either party." 115 S.Ct. at 886. The concern that employers might routinely undertake extensive discovery into an employee's background or job performance to resist ADEA claims is not insubstantial, but the courts' authority to award attorney's fees under 216(b) and 626(b) and to invoke Federal Rule of Civil Procedure 11 in appropriate cases will likely deter most abuses. P. 10. The ADEA incorporates some features of both Title VII and the Fair Labor Standards Act, which

More about Mckennon vs. Nashville Banner Publishing Company Essay

Open Document