Supreme Court Decision Alert - May 23, 2016

Today, the Supreme Court issued one decision, described below, of interest to the business community.

Title VII—Limitations Period for Constructive Discharge Claims

Green v. Brennan, No. 14-613

A federal civil servant claiming a violation of Title VII of the Civil Rights Act of 1964 must "initiate contact" with the EEOC "within 45 days of the date of the matter alleged to be discriminatory." Today, in an opinion for a six-Justice majority authored by Justice Sotomayor, the Supreme Court ruled that, when an employee claims he was forced by discrimination to resign, the limitations clock begins when he gives the employer definitive notice of his intent to resign.

In so holding, the Court adopted a middle ground between two alternative counting approaches. Under the most plaintiff-friendly approach, the clock would begin on the employer's last day on the job. Under the approach favored by the Tenth Circuit (and by Justice Thomas's dissent), the clock would