The US Supreme Court [official website] ruled [opinion, PDF] 7-1 Monday in Green v. Brennan [SCOTUSblog materials] 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. Justice Sonia Sotomayor wrote for the majority:

We address here when the limitations period begins to run for an employee who was not fired, but resigns in the face of intolerable discrimination—a “constructive” discharge. We hold that, in such circumstances, the “matter alleged to be discriminatory” includes the employee’s resignation, and that the 45-day clock for a constructive discharge begins running only after the employee resigns.

Justice Clarence Thomas filed a dissenting opinion.

The case was brought after the plaintiff, a former postmaster for the US Postal Service [official website], was turned down in 2008 for a promotion in favor of a Latino man. He filed a charge with the Equal Employment Opportunity Commission (EEOC) [official website] alleging race discrimination under Title VII of the Civil Rights Act of 1964 [text], and the matter was eventually settled. Green alleges that he experienced what he perceived to be threats and harassment about his EEOC filing. The court heard arguments in the case in November after granting certiorari [JURIST reports] in April of last year.