Author: Matt Huffman, Associate Member, University of Cincinnati Law Review
In Green v. Donahoe, the Tenth Circuit considered when the limitations period starts for a constructive discharge claim under Title VII of the 1964 Civil Rights Act. The court held that the forty-five day clock starts ticking on the date of the employer’s alleged discriminatory act that causes the employee to resign. In so holding, the Tenth Circuit agreed with similar holdings by the Seventh Circuit and the District of Columbia. The Second, Fourth, and Ninth Circuits, however, have all considered the same issue and concluded that the limitations period for Title VII constructive discharge claims starts to run on the date the employee resigns. In its decision in Green, the Tenth Circuit fell on the wrong side of an already blurred line, ensuring an increase in the premature filing of constructive discharge claims by employees eager to preserve their right to bring a claim.