The US Supreme Court ruled 7-1 Monday in Green v. Brennan that the 45-day limitations period for filing a constructive-discharge claim begins running only after an employee resigns.
The court was asked to determine whether, under federal employment discrimination law, the filing period for a constructive discharge claim begins to run when an employee resigns, as five circuits have held, or at the time of an employer’s last allegedly discriminatory act giving rise to the resignation, as three other circuits have held.
