Mckennon Vs. Nashville Banner Publishing Co.: Case Study

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The case of McKennon vs Nashville Banner Publishing Co. raised an important question that past courts fail to accurately rule on. The problem at hand is whether an employee who has been dismissed from their job because of age, but whom is also been found to have committed a serious misconduct while they were previously employed, a misconduct that would have normally resulted in the immediate termination of the employee, is in violation of the Age Discrimination in Employment Act of 1967. The question presented to the court was - is the employee allowed any relief from the employer who wrongly terminated them in the first place, even though a wrongdoing was discovered during the discovery period? In previous cases, such as the Summers vs State Farm Mutual Automobile Insurance Co, the courts ruled in favor of the employer and dismissed the discrimination of the employee and did not offer any type of relief to the employee over their wrongful dismissal (Hoffman, 1996). In 1995, the case of McKennon vs Nashville Banner Publishing Co challenged the status quo of these types of court cases. Summary The case of McKennon vs Nashville Banner Publishing Co, also known as the case that …show more content…

Once the court learned of this, they granted the requested summary judgment for the Nashville Banner and ruled that McKennon’s actions of making copies of confidential documents and letting her husband see confidential documents were if fact direct grounds for termination and that no action was available to McKennon under the ADEA (Reed & Bogardus, 2012). The decision made by the district court was affirmed by the United States Court of Appeals for the Sixth Circuit (Landthron,