How close in time is “close enough” to suggest retaliation and how should the court calculate the timing? As McQuaide Blasko attorney Philip Miles III explains in Lawffice Space, the Third Circuit recently weighed in on both in Blakney v. City of Philadelphia.
In this case, Ralph Blakney, an African-American who worked for the city’s parks and recreation department, filed a racial discrimination complaint with the Equal Employment Opportunity Commission in 2008. While the case was pending, he voluntarily resigned in January 2011 to care for his terminally ill mother. Days after losing the case, however, he tried to get reinstated. After his second unsuccessful attempt, he filed a retaliation claim with the EEOC in February 2012.
