Green v. Brennan
Issues
Under the federal anti-discrimination law, does the filing period for a constructive discharge claim begin to run at the time an employee resigns, at the time an employee gives notice of her resignation, or at the time of the employer’s last discriminatory act giving rise to the resignation?
Federal employees wishing to file a discrimination lawsuit under Title VII of the Civil Rights Act of 1964 must exhaust their administrative remedies before proceeding to federal court. The first step in that process is contacting an Equal Employment Opportunity counselor (“EEOC”) and reporting the charge within 45 days of the matter alleged to be discriminatory. See Green v. Donahoe, 760 F.3d 1135, 1139–40 (10th Cir. 2014). Green, a United States Postal Service employee, alleges that he was constructively discharged after being forced to retire. See id. at 1137–38. Green contacted an EEOC to report the alleged discrimination within 45 days of his formal retirement. See id. at 1138. The issue before the Court is when the 45-day filing period begins to run. See Brief for Petitioner, Marvin Green at i. The Tenth Circuit ruled that the filing period begins to run when the last allegedly discriminatory act occurred, which in Green’s case was more than 45 days before Green contacted the EEOC. See Green, 760 F.3d at 1142. Green argues that the filing period begins to run when the employee actually resigns following a discriminatory act. See Brief for Petitioner at 17. Postmaster General Brennan maintains that the filing period begins to run when the employee either actually resigns or gives the employer a notice of resignation, which may occur before the actual resignation. See Brief for Respondent, Megan J. Brennan at 14. Court-Appointed Amica Catherine M.A. Carroll, Esq., agrees with the Tenth Circuit’s holding. See Brief for Court-Appointed Amica Curiae, in Support of the Judgment Below at 21. This case will impact the rule that courts use when applying Title VII and the balance between employees’ need to access the courts and employers’ need for repose from impending lawsuits. See Brief of Amici Curiae NAACP Legal Defense & Educational Fund, Inc. et al., in Support of Petitioner at 23; Brief of Amici Curiae The Equal Employment Advisory Council et al., in Support of Affirmance at 18.
Questions as Framed for the Court by the Parties
Under federal employment discrimination law, does the filing period for a constructive discharge claim begin to run when an employee resigns, or at the time of an employer’s last allegedly discriminatory act giving rise to the resignation?
In early 2008, Marvin Green, an African American United States Postal Service (“Postal Service”) worker, applied for a postmaster position. Green v. Donahoe, 760 F.3d 1135, 1137 (10th Cir.
Edited by
Additional Resources
- Megan Toth, ELL SCOTUS SERIES: #1 – Green v. Brennan, JD Supra Business Advisor (October 23, 2015).