Supreme Court Clarifies The Time Period For Initiating Constructive Discharge Claims

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the Court's 7-1 decision was unsurprising and does not change the substantive law of constructive discharge, it provides employers and employees alike with the benefit of a clear rule for assessing the timeliness of charges alleging constructive discharge.

Background

Marvin Green was a manager with the U.S. Postal Service for 25 years, most recently serving as a postmaster in Englewood, Colorado. In 2008, he filed a formal charge with the Postal Service's EEO office, alleging that he was denied a postmaster position in Denver because of his race. In May and July 2009, Green filed informal charges alleging that he had been retaliated against because of his report of race discrimination. In November 2009, Green was informed that he was the subject of a Postal Service investigation into claims he had intentionally delayed the mail, failed to properly handle employee grievances, and sexually harassed a female employee. On December 16, 2009, Green signed a settlement agreement. That agreement provided that he would immediately give up his postmaster position and receive paid leave until March 31, 2010, after which he could choose either to retire or to accept a position at significantly lower pay in Wamsutter, Wyoming, about 300 miles away. In exchange, the Postal Service agreed to pursue no charges against him. On February 9, 2010, Green submitted his retirement papers, effective March 31, 2010. On March 22, 2010, he initiated counseling with the Postal Service's EEO office.

Lower Court Rulings

Green filed a federal lawsuit in Colorado district court alleging, among other things, that the Postal Service had retaliated against him in violation of Title VII by constructively discharging him from his employment. The district court dismissed this claim as time-barred. Unlike a private sector employee, who generally has 180 or 300 days to file a charge of discrimination with the EEOC, federal employees must begin the administrative process by contacting an EEO counselor in the employee's agency within 45 days of the "matter alleged to be discriminatory." 29 C.F.R. § 1614.105(a)(1). The U.S. Court of Appeals for the Tenth Circuit affirmed, holding that the limitations period for the constructive discharge period began to run on...