12 May 2015 in Commentary
If not all Supreme Court cases are equal, all employment law Supreme Court really
cases aren’t equal. Green v. Donahoe
isn’t Ledbetter v. Goodyear
, holding employees have 180 days from a discriminatory pay decision to bring a claim, which Congress promptly overturned. Most employers won’t care how this case is decided. So, why did the Court take it? Likely to resolve a circuit split that has been brewing for the last 25 years.
In Green v. Donahoe
the Supreme Court will decide for purposes of federal employment discrimination law when the filing period for a constructive discharge claim begins to run. The Court’s choices are: when an employee resigns or the employer's last allegedly discriminatory act. Often these two events occur at the same time, but not in this case.
This case will apply to constructive discharge claims brought against state and local government employers under Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, all of which must first be brought to the attention of the EEOC before a court.