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Recent Legal Updates & Analysis



SUPREME COURT: Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds
On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory act that prompts the resignation, resolving a circuit split. A “constructive discharge” occurs when an employee establishes that discriminatory conduct makes the employee’s working conditions so intolerable that a reasonable person in the employee’s position would feel compelled to resign. This is an exception to the general rule that an employee who has resigned cannot claim discriminatory discharge under Title VII of the Civil Rights Act (“Title VII”).