Articles and Speeches
“Attys React to High Court’s Constructive
Discharge Ruling,” Law360
May 24, 2016
Michelle W. Johnson
In an article published on May 23, 2016, Atlanta partner Michelle Johnson provides insight on the U.S. Supreme Court’s recent ruling in Green v. Brennan 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. “Today's decision resolves a split among federal appellate courts as to whether the limitations period for constructive discharge claims is triggered by the employer's last discriminatory act (as the Seventh and District of Columbia Circuits have held) or the employee's subsequent resignation (as held by the Second, Fourth, Eighth and Ninth Circuits,” says Ms. Johnson. According to Ms. Johnson, it remains undisputed that a claim involving an actual constructive discharge accrues on the termination date. “By ruling that a ‘complete and present cause of action’ for constructive discharge does not arise until the employee resigns, the Supreme Court provides the same certainty in the constructive discharge context,” she said. For the full article, please click here.