No. 19-135

Pamela J. Smith v. University of Maryland, Baltimore, et al.

Lower Court: Fourth Circuit

Docketed: 2019-07-30

Status: Denied

Type: Paid

Response Waived

Tags: 1991-civil-rights-act 42-usc-1981 adverse-employment-action civil-rights employment mcdonongh-v-smith retaliation statute-of-limitations

Latest Conference: 2019-10-01

Question Presented (from Petition)

1) Whether, in light of this Court's recent decision in McDonough v. Smith, 588 US __(2019) and the Civil Rights Act of 1991, retaliation claims under 42 U.S.C. §1981 should accrue at the date of the adverse employment action as opposed to the date when the adverse employment decision was communicated to the employee?

2) Whether the Fourth Circuit erred in affirming the District Court's decision dismissing Ms. Smith's 42 U.S.C. §1981 claims as time-barred?

Question Presented (AI Summary)

Whether retaliation claims under 42 U.S.C. §1981 should accrue at the date of the adverse employment action or the date when the adverse employment decision was communicated to the employee