On May 23, 2016, the U.S. Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations period for a former employee’s constructive discharge claim begins to run on the date when the employee tenders their resignation. Prior to this decision, there was a federal circuit court split regarding the date when the statute of limitations begins to run, as the Seventh, Tenth, and District of Columbia Circuits held that the clock begins to run on the date of the employer’s last discriminatory act, while the Second, Fourth, Eighth, and Ninth Circuits held that the period does not begin until the employee resigns. The Green decision provides a nationwide, bright line rule for constructive discharge claims – which eliminates uncertainty in determining when the limitations period begins and may result in reduced litigation costs.
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