McKennon v. Nashville Banner Publishing Co. (SCOTUS 1995)

Summary

Justice Kennedy delivered the unanimous opinion holding that after-acquired evidence of employee misconduct warranting discharge does not bar all relief for an earlier discharge violating the ADEA. Such evidence does affect remedies: reinstatement and front pay generally are inappropriate, and the starting point for backpay is the period between the unlawful discharge and discovery of the misconduct, subject to extraordinary equitable circumstances. The employer must establish that it actually would have discharged the employee for the misconduct alone. The Court reversed the Sixth Circuit's judgment and remanded for further proceedings. There were no separate opinions.

Holding

Whether after-acquired evidence of discharge-worthy misconduct completely bars relief under the ADEA.. After-acquired evidence that an employee would have been lawfully discharged for misconduct does not bar all relief for an earlier discharge violating the ADEA.

The effect of after-acquired evidence on the remedies available for an unlawful discharge.. Reinstatement and front pay generally are inappropriate when the employer would have discharged the employee for subsequently discovered misconduct. The starting point for backpay is the period from unlawful discharge to discovery of the misconduct, with extraordinary equitable circumstances potentially affecting relief.

The employer's burden when invoking after-acquired evidence.. The employer must establish that the misconduct was sufficiently severe that it actually would have terminated the employee on those grounds alone had it known of the misconduct at the time of discharge.

McKennon v. Nashville Banner Publishing Co.

Summary

Holding

Cited authorities

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