The Supreme Court will hear a case in the 2015-2016 Term that could raise new legal obstacles for individuals who faced intolerable discrimination in the workplace that forced them to quit their jobs. Green v. Donahoe asks the Court to decide whether, under Title VII, the clock for challenging a constructive discharge begins to run when an employee resigns or at the time of an employer’s last discriminatory act prior to the resignation. The majority of constructive discharge claims are brought in sex discrimination cases, frequently in cases challenging hostile environment sexual harassment, meaning that this case has a particular interest for women workers. The National Women’s Law Center coauthored a brief with the NAACP Legal Defense and Education Fund arguing that the employee’s date of resignation is the appropriate moment for starting the clock.

Published On: July 13, 2015Associated Issues: Issues Before the CourtsJudges & CourtsSupreme Court