Attys React To High Court’s Constructive Discharge Ruling

Posted May 23rd, 2016.

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Law360, New York (May 23, 2016, 7:16 PM ET) — The U.S. Supreme Court ruled Monday that the filing period for a constructive discharge claim starts to run when an employee resigns, rather than the time of an employer’s last act of bias that prompted the resignation. Here, attorneys tell Law360 why the Green v. Brennan decision is significant.

Jeremy Heisler, Sanford Heisler Kimpel LLP

“The Supreme Court in Green v. Brennan resolved a circuit split as to when the statute of limitations begins to run when an employee resigns because of discrimination and then sues for constructive discharge. The court held that the limitation period accrues after the employee resigns, and not from the date of the employer’s discriminatory conduct. This is the right result. An employee often may not be able to resign his job immediately after experiencing discrimination. The court’s approach provides a sensible point of accrual and avoids the metaphysical pyrotechnics of determining exactly when the employer’s discriminatory conduct took place.”

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