The New Jersey Employment Law Firm Blog
A recent decision by the United States Court of Appeals for the Third Circuit offers important lessons for employees facing workplace discrimination and retaliation. While the July 6, 2026 decision in Robert Lynn v. The Bank of New York Mellon ultimately ruled in favor of the employer, the court affirmed a crucial legal standard that benefits employees: being fired shortly after complaining about discrimination is enough to raise an immediate red flag for retaliation.
The case involved Robert Lynn, a Black manager at the Bank of New York Mellon (BNY). After transitioning to a new role, Lynn began to experience difficulties with his new manager and faced criticism regarding his performance. Following an ongoing dispute about his performance and an internal complaint regarding comments his former manager made about the Black Lives Matter movement, Lynn emailed his current manager to assert that he was being discriminated and retaliated against. Just thirteen days after he sent this protected complaint, BNY decided to eliminate his position.
The Silver Lining: Timing Can Establish an Initial Case of Retaliation
For employees, the most encouraging takeaway from the Lynn decision is the court’s confirmation of the power of “temporal proximity.” Under the law, to establish an initial (or prima facie) case of retaliation, an employee must show a causal connection between their protected complaint and an adverse action (i.e., termination).
The Third Circuit explicitly agreed that the short thirteen-day window between Lynn’s email complaining of discrimination and BNY’s decision to terminate him was enough, on its own, to legally suggest a connection. This is a significant standard for workers: if your employer fires you or takes serious disciplinary action shortly after you report discrimination, the law will initially presume the employer acted with a retaliatory motive.
The Hurdle: Why You Need an Attorney to Prove “Pretext”
Once an employee establishes their prima facie case, the employer is given the opportunity to present a legitimate, non-retaliatory reason for the firing. In this case, BNY argued that Lynn was let go because he was the lowest-performing director on his team, emphasizing that his role was eliminated during a planned reorganization.
If an employer offers a seemingly valid excuse, the burden shifts back to the employee to prove “pretext;” in other words, the employee must show that the employer’s stated reason is false and just a cover-up for illegal retaliation. In this case, Lynn was unable to provide enough evidence to show a “pattern of antagonism” or to prove that the company’s reorganization was fabricated. Furthermore, his discrimination claim was severely hindered by the “same actor inference,” a legal concept which notes that if the same manager hires you and then fires you a short time later, it is very difficult to argue they were motivated by bias.
Protecting Your Rights
The Lynn decision underscores a critical reality: simply knowing you were retaliated against is not enough. Employers will almost always construct a “legitimate” business reason such as poor performance or reorganization to justify a wrongful termination. Defeating these excuses requires experienced employment attorneys who know how to dig into company records, uncover inconsistencies in the employer’s story, and identify hidden patterns of antagonism.
Employment laws in New Jersey and New York offer robust protections for workers. If you believe you have been the victim of workplace discrimination or retaliation, your rights may have been violated. Contact the Resnick Law Group today at (973) 781-1204 to provide your preliminary information and schedule a consultation with one of our experienced employment attorneys.