The U.S. Supreme Court has clarified the timeframe within which an employee alleging a “constructive discharge” claim under Title VII of the 1964 Civil Rights Act must file a timely charge of discrimination. Reversing a federal appeals court ruling, the Justices concluded that the clock starts on the date the employee quits, and not the date of the last discriminatory employer action which ultimately led to the forced resignation.
The 7-1 decision by the High Court in Green v. Brennan, No. 14-613 (May 23, 2016), reinstates the plaintiff’s lawsuit, finding that, as is the case with an ordinary discriminatory termination case, a constructive discharge plaintiff has no claim until an actual “termination” occurs. “In other words, an employee cannot bring a constructive-discharge claim until he is constructively discharged,” the High Court said.
In so ruling, the Supreme Court disagreed with the lower courts’ view — a view that NT Lakis lawyers endorsed in our amicus brief — that Title VII requires the taking of some discriminatory action by the employer, which depending on when the plaintiff actually quits, can make a claim untimely. Although the case arose in the federal sector context, it is likely to be equally applicable to private sector employment.
A copy of the Green v. Brennan decision is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.