Green v. Brennan

Green complained to his employer, the U.S. Postal Service, that he was denied a promotion because he was black. His supervisors then accused him of the crime of intentionally delaying the mail. In a 2009 agreement, USPS agreed not to pursue criminal charges. Green agreed either to retire or to accept another position in a remote location. Green chose to retire. In 2010, 41 days after resigning and 96 days after signing the agreement, Green reported an unlawful constructive discharge to the EEOC under Title VII of the Civil Rights Act., 42 U.S.C. 2000e Green eventually filed suit, which was dismissed as untimely because he had not contacted EEOC within 45 days of the “matter alleged to be discriminatory.” The Tenth Circuit affirmed. The Supreme Court vacated. Because part of the “matter alleged to be discriminatory” in a constructive-discharge claim is an employee’s resignation, the 45-day limitations period begins running after an employee resigns. Resignation is part of the “complete and present cause of action” in a constructive-discharge claim, which requires: discriminatory conduct such that a reasonable employee would have felt compelled to resign and actual resignation. Nothing in Title VII or the regulation suggests an exception to the rule. Starting the clock before a plaintiff can file suit would not further the limitations period’s goals and would negate Title VII’s remedial structure. View "Green v. Brennan" on Justia Law