Yankwitt LLP Wins Summary Judgment for Restaurant Client
Yankwitt LLP obtained summary judgment dismissing a complaint alleging employment discrimination and retaliation under 42 U.S.C. § 1981, and a hostile work environment under New Jersey’s Law Against Discrimination. The United States District Court for the District of New Jersey agreed with Yankwitt LLP‘s arguments, and dismissed the Complaint in its entirety. The Court held that an employer’s refusal to allow an employee to rescind his resignation is not an adverse employment action because the employment relationship has ended. The Court stressed that “to hold otherwise where, as here, the Plaintiff’s protected activity (reporting alleged racial discrimination) occurred simultaneous to his attempt to rescind his resignation, would place the employer in an impossible position:” namely, to permit the rescission to avoid the later claim that the refusal was retaliatory or face the risk of a lawsuit. Accordingly, the Court granted summary judgment on all claims.