Green v. Brennan

A discriminatory constructive discharge from employment claim accrues on the employee’s resignation, not on the earlier date of the employer’s last discriminatory act.  A federal employee or former employee must meet with an EEO counselor within 45 days after “the matter alleged to be discriminatory” in order to later pursue a Title VII discrimination suit against the government.  Since resignation is an element of a claim for constructive discharge, the employee’s 45-day deadline runs from his resignation rather than from the earlier date of the employer’s last discriminatory act.

United States Supreme Court (Sotomayor, J.; Alito, J., concurring; Thomas, J., dissenting); May 23, 2016; 2016 WL 2945236

 

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