Mckennon Vs. Nashville Banner Publishing Co.: Case Study

The Supreme Court followed the initial ruling by determining the calculation for relief. The court decided that in the future any back pay offered to the plaintiff should be calculated from the date of the unlawful discharge to the date the misconduct or information was discovered (Hoffman, 1996). Though, the court also recommended future courts to “Consider extraordinary equitable circumstances that affect the legitimate interests of either party, thus declining to create an unyieldingly rigid rule but leaving unanswered questions regarding the nature of the egregious circumstances which would justify a deviation from its general standard” (p. 82).

Recommendations

The case of McKennon vs Nashville Banner Publishing Co, was the case that made is so that two wrongs CAN make a right, it was also the case that made

The remedies can be decided in court or through mediation, conciliation, or a settlement. Types of remedies can include: back pay, hiring, promotion, reinstatement, front pay (Workplace Fairness, 2015). In the event of a "willful" violation, meaning if the employee is able to prove that employer knowingly violated the ADEA or acted in "reckless disregard" of its provisions, liquidated damages (up to twice the amount of back pay) may be awarded to the employee (Workplace Fairness, 2015). Additionally, according to Workplace Fairness (2015), “An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation” (p 18). I also recommend that the employer take corrective and/or preventive actions to identify the source of the discrimination and minimize the chance of its recurrence, as well as they should discontinue the specific discriminatory actions involved in the