Green v. Brennan

2016-05-23

Headline: Court rules that federal employees who resign because of intolerable discrimination have the 45‑day EEO counseling clock start after they give notice, making it easier to preserve constructive‑discharge claims.

Holding: The Court held that, for a constructive‑discharge claim under Title VII, the "matter alleged to be discriminatory" includes the employee's resignation, so the 45‑day counseling period begins when the employee gives definite notice of resignation.

Real World Impact:

The 45‑day counseling deadline runs from the date an employee gives resignation notice.
Gives federal workers more time to file constructive‑discharge claims after resigning.
Lower courts must decide when an employee actually gave resignation notice.

Topics: workplace discrimination, constructive discharge, EEO counseling deadlines, federal employee rights

Summary

Background

Marvin Green, a long‑time Postal Service employee, complained that he was denied a promotion because of his race. After supervisors accused him of delaying the mail and an internal investigation began, Green signed a December 16 settlement offering him the choice to retire or transfer. He submitted retirement paperwork on February 9, effective March 31. On March 22—41 days after he gave those papers and 96 days after the settlement—Green contacted an EEO counselor and later sued, alleging he had been constructively discharged. The District Court and the Tenth Circuit dismissed his claim as time barred because the 45‑day EEO window began at the December 16 settlement.

Reasoning

The Court considered whether the regulation's phrase matter alleged to be discriminatory includes an employee's resignation in a constructive‑discharge claim. Applying the ordinary accrual rule that a claim exists only when a plaintiff can sue, the Court concluded a constructive‑discharge cause of action requires both intolerable conduct and an actual resignation. Therefore the 45‑day counseling period runs from the date an employee gives definite notice of resignation, not from the employer's earlier act. The Court remanded so the lower court can determine when Green gave notice.

Real world impact

Federal employees who claim they were forced to quit can measure the 45‑day deadline from when they gave definite resignation notice. Agencies and courts must now assess when notice was given. The decision affects administrative timing but does not decide whether Green ultimately prevailed on the discrimination claim.

Dissents or concurrances

Justice Alito concurred, arguing the deadline should run from resignation only when the employer intended to force the employee to quit. Justice Thomas dissented, saying the regulation refers only to employer acts and would have held Green's claim untimely.