Today the U.S. Supreme Court gave would-be plaintiffs not just a second bite at the apple, but an entirely new apple when it comes to Title VII limitations periods. Green v. Brennan. The Court held today that Title VII’s limitations periods begin to run on a constructive discharge claim from the date on which the employee resigns, and not from the date of the last unlawful act by an employer. Mr. Green was intimidated and harassed by his supervisors after he complained of a discriminatory promotion denial. The supervisors threatened Green with criminal prosecution and tricked him into signing a settlement agreement. That agreement gave Green the choice of retiring or accepting a demotion in a distant location, either of which would be effective in 90 days. After waiting a little less than two months, Green chose retirement.

When Green later sued for constructive discharge, the employer argued that Green blew his statute of limitations, because he failed to exhaust his administrative remedies within the applicable time period running from the date he signed the settlement agreement. The trial court and the 10^th Circuit agreed. The Supreme Court reversed, holding that, in constructive discharge cases, the Title VII limitations periods run from the date the employee resigns, not the date the last discriminatory act occurs. This creates a very peculiar double-standard. Surely the mistreatment and trickery Green experienced at the hands of his supervisors was, itself, sufficient to allege a hostile working environment. Had Green asserted such a claim, his limitations period would have begun at the time of the settlement agreement, which was the employer’s last discriminatory act against Green. However, by sleeping on his rights and later deciding to resign and sue, Green rendered an untimely hostile working environment claim timely in the guise of a constructive discharge claim. This result would appear to profoundly contradict the very purpose of Title VII, which is the prompt, private, and efficient resolution of workplace discrimination.