Yesterday, the United State Supreme Court released a decision which makes it easier for employees to win constructive discharge claims. See Green v. Brennan, No. 14-613, 2016 WL 2945236 (May 23, 2016). A constructive discharge occurs when an employer makes an employee’s working conditions so intolerable that any reasonable person would be compelled to resign their job.
The issue in Green concerned the time limitations period in constructive discharge claims. Generally, employees are required to file a charge of discrimination with the EEOC within 180 days of the last discriminatory act. Under that general rule, some courts required employees to file their EEOC charge within 180 days of the last “bad act” by the employer. Other courts permitted the employee to file within 180 days of deciding to resign. Typically, the resignation decision occurred later than the last “bad act” and employees in some courts found their claims barred by the limitations period.
In a 6-2 decision, the Supreme Court found that the limitations period begins to run on the date that the employee declares his resignation — not on the date of the last discriminatory act. As a result of that decision, employers and employees now have clarity on the limitations period in constructive discharge cases. But, employees are also given a longer limitations period, which removes one potential defense for employers.