On the heels of its recent decision on attorneys’ fees, the U.S. Supreme Court decided on May 23rd when the statute of limitations begins to run in an employment discrimination case where the employee claims “constructive discharge,” i.e., where the employer makes conditions so bad the employee feels compelled to quit. While not a sexy decision, Green v. Brennan answered this important and difficult question by holding on a vote of 7-1 that the statute of limitations begins to run when the employee gives notice of his or her resignation, not from a discriminatory act that led to the resignation or not from the effective date of the resignation. An example of a constructive discharge situation is when an employee resigns after suffering severe or pervasive harassment that an employer will not remedy. The Supreme Court is now nearing the end of its 2015-16 term, with some blockbuster cases to be decided by the end of June.
