Green v. Brennan, 578 U.S. ___, 136 S. Ct. 1769 (2016)

Marvin Green alleged racial discrimination under Title VII of the Civil Rights Act, claiming he was denied a promotion because he is black; his supervisors had accused Green of the crime of intentionally delaying the mail. In an agreement between the parties dated December 16, 2009, the Postal Service agreed not to pursue criminal charges and Green agreed to retire. Green submitted his resignation paperwork on February 10, 2010, effective March 31. On March 22, 2010, Green reported an allegedly unlawful constructive discharge to the EEOC – 41 days after submitting his resignation and 96 days after signing the agreement to resign. A federal civil servant such as Green must contact the EEOC “within 45 days of the date of the matter alleged to be discriminatory.” The United States Supreme Court held that the 45-day statute of limitations began to run on the date Green submitted his resignation (February 10) and not the earlier date on which he agreed to resign because Green did not have a “complete and present cause of action” for constructive discharge until he actually resigned.