Under federal employment discrimination law, does the filing period for a constructive discharge claim begin 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?In the case, the 10th Circuit (full text of opinion) held that the filing period begins to run at the date of the last discriminatory act. It said in part:
No policy reason, certainly not the policy behind recognition of constructive discharge claims as a means to provide appropriate relief to employees, commends itself as a ground for postponing the accrual of constructive-discharge claims until the employee leaves work...SCOTUSBlog's case page links to filings in the case. While the case in which review was granted involves alleged racial discrimination. the Supreme Court's decision will also impact cases in which religious discrimination led to a constructive discharge.