US Supreme Court Hears Employment Discrimination Case
The US Supreme Court heard oral arguments in two cases earlier this week. In Green v. Brennan, the court heard arguments to determine if, under federal employment discrimination law, the filing period for a constructive discharge claim begins to run when an employee resigns, as five circuits have held, or at the time of an employer’s last allegedly discriminatory act giving rise to the resignation, as three other circuits have held.
The case was brought after the plaintiff, who is a former postmaster for the US Postal Service, was turned down in 2008 for a promotion in favor of a Latino man. He filed a charge with the Equal Employment Opportunity Commission(EEOC) alleging race discrimination under Title VII of the Civil Rights Act of 1964, and the case was settled. Green alleges that he experienced what he understands to be threats and harassment about his EEOC filing.