NT Lakis has filed with the U.S. Supreme Court a friend-of-the-court brief on behalf of the Equal Employment Advisory Council (EEAC) in a case raising the issue of when the statute of limitations begins to run for filing a claim of constructive discharge under Title VII of the 1964 Civil Rights Act.
EEAC’s merits brief in Green v. Brennan, joined by the National Federation of Independent Business Small Business Legal Center (NFIB), urges the High Court to affirm a decision by the Tenth Circuit Court of Appeals holding that the limitations period begins to run as of the date of the employer’s last alleged discriminatory act of the employer, and not the date on which the plaintiff resigned.
The brief argues that the Tenth Circuit was correct in finding that the lingering consequences of past acts, even past discriminatory acts, have no legal effect under Title VII for purposes of limitations periods. It states that allowing limitations for constructive discharge claims to run belatedly from the date an individual ultimately quits is contrary to the purpose of statutes of limitations generally, and Title VII limitations periods in particular.