Employment Law This Week (Episode 29: Week of June 6, 2016) has released bonus footage of its interview with Lauren Malanga Casey, a Member of the Firm at Epstein Becker Green.
As Ms. Malanga discusses, the U.S. Supreme Court has ruled that the clock for constructive discharge claims starts with resignation, resolving a circuit split on the issue. An employee for the U.S. Postal Service filed an Equal Employment Opportunity Commission (EEOC) charge alleging constructive discharge 41 days after he submitted his resignation but 96 days after the last allegedly discriminatory act. A federal civil servant must contact the EEOC within 45 days of the “matter alleged to be discriminatory.” The lower court dismissed the employee’s claim, but the Supreme Court reversed this decision, ruling that the clock for constructive discharge claims begins when an employee gives notice of resignation, not after the employer's last act of bias.