The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard as under Title VII of the Civil Rights Act). In Jones v. McCormick & Schmick’s Seafood Restaurants, Inc., No. 1:12-cv-4503 (D.N.J. Apr. 28, 2014), the plaintiff attempted to rescind his voluntary resignation and make a complaint of racial discrimination 10 days after his resignation. In dismissing the retaliation claim, the district court held that it is not an adverse employment action to refuse to rescind a resignation “for the simple reason that the employment relationship has ended.”



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