Justices Offer Clarity For Constructive Discharge Timeline

Law360, New York (May 23, 2016, 9:55 PM EDT) -- The U.S. Supreme Court on Monday pegged the start date of a worker's constructive discharge claim to the time they resign rather than the last alleged act of discrimination they endured, a benchmark that attorneys say eliminates uncertainty for both employers and workers in litigating such claims.

Led by Justice Sonia Sotomayor, a seven-justice majority ruled that the clock for a claim of constructive discharge — when an employer creates an environment so adversarial that an employee feels forced to resign — starts running when an employee tenders their resignation.

The ruling vacated a Tenth Circuit ruling that the 45-day clock...

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