A Supreme Court ruling on Monday has altered the statute of limitations regarding “constructive discharge” claims.
Marvin Green, a former Colorado postmaster, claims that he was forced to quit due to racial discrimination. Green applied to a different post in Boulder where he was turned down for the position. Green contacted a Postal Service counselor who investigated if racial discrimination was a factor of being turned down. Green claims that his supervisors became hostile after the investigation and that Green was a victim of retaliation. Green waited two months after the alleged acts of retaliation to resign. The federal appeals court dismissed Green’s case because he had waited too long to file an employment discrimination claim.
The Supreme Court ruled 7-1 in favor of Green, creating a new rule that extends the time to file a “constructive discharge” claim. The new rule will allow workers to file a claim up to 45 days after resignation, as opposed to the previous rule that mandated that a claim be filed within the 45 days following an alleged act of discrimination.
Justice Sonia Sotomayor stated that the ruling makes sense because some employees may have to wait until they are financially ready to resign before they can file a claim. The ruling is especially valuable to federal workers who are not permitted to file an employment discrimination suit until an administrative claim is filed first. Internal claims must be filled “within 45 days of the date of the matter alleged to be discriminatory.”
This ruling will help settle disputes among the lower courts as to when employees must notify employers of a claim. The extension of the statute of limitations may allow workers to file claims of discrimination or hostile work environment months or even years after the last alleged account of discrimination. Though the time to file a claim has been extended, taking less time for legal action will increase the chances of a case’s success in trial.
If you have resigned or plan to resign from your job due to discrimination, consult with an employment law attorney to determine the best course of action to take with your claim.
