Grant: The US Supreme Court has granted certiorari in Green v. Donahoe in order to resolve a circuit split and decide whether the filing period for a constructive-discharge claim begins to run when the employee resigns or at an earlier date when the employer commits the last allegedly discriminatory act leading to the resignation. In Green, a former postmaster initiated administrative proceedings alleging that the United States Postal Service forced him to resign by creating unendurably discriminatory work conditions in retaliation for his earlier filing of an administrative claim of race discrimination. He initiated the administrative proceedings 41 days after his resignation, but more than three months after the allegedly discriminatory conduct had ended. The district court held that his claim was time-barred and the Tenth Circuit affirmed, holding that the filing period for a constructive-discharge claim begins to run at the time of the last allegedly discriminatory act leading to the resignation, not at the time of the resignation itself.
Impact: Assuming that the Court addresses the issue of time-bars generally, as it was presented, and does not limit its holding to federal employees, its decision will be significant to all businesses that are covered by federal employment-discrimination laws. A more narrow decision may be of less impact to the private sector.