green
brennan
postmaster
general
argued
november
decided
may
petitioner
marvin
green
complained
employer
postal
service
denied
promotion
black
supervisors
accused
crime
intentionally
delaying
mail
agreement
signed
december
postal
service
agreed
pursue
criminal
charges
green
agreed
either
retire
accept
another
position
remote
location
much
less
money
green
chose
retire
submitted
resignation
paperwork
february
effective
march
march
days
resigning
days
signing
agreement
green
reported
unlawful
constructive
discharge
equal
employment
opportunity
counselor
administrative
prerequisite
filing
complaint
alleging
discrimination
retaliation
violation
title
vii
civil
rights
act
see
cfr
green
eventually
filed
suit
federal
district
dismissed
complaint
untimely
contacted
counselor
within
days
matter
alleged
discriminatory
ibid
tenth
circuit
affirmed
holding
limitations
period
began
run
december
date
green
signed
agreement
held
part
matter
alleged
discriminatory
claim
employee
resignation
limitations
period
action
begins
running
employee
resigns
pp
regulatory
text
unambiguously
clear
relies
standard
rule
limitations
periods
provides
limitations
period
ordinarily
begins
run
plaintiff
complete
present
cause
action
graham
county
soil
water
conservation
dist
ex
rel
wilson
applied
rule
offers
three
persuasive
reasons
include
employee
resignation
limitations
period
pp
first
resignation
part
complete
present
cause
action
claim
comprises
two
basic
elements
discriminatory
conduct
reasonable
employee
felt
compelled
resign
actual
resignation
pennsylvania
state
police
suders
resigns
employee
complete
present
cause
action
constructive
discharge
standard
rule
employee
complete
present
cause
action
trigger
limitations
period
respect
claim
different
ordinary
claim
accrues
employee
fired
pp
ii
second
although
standard
rule
may
subject
exception
clearly
indicated
text
creating
limitations
period
nothing
title
vii
regulation
suggests
displacement
contrary
natural
read
matter
alleged
discriminatory
including
allegation
forming
basis
claim
confirms
standard
rule
applicability
pp
iii
third
practical
considerations
also
confirm
merit
applying
standard
rule
starting
clock
ticking
plaintiff
actually
file
suit
little
limitations
period
goals
actively
negates
title
vii
remedial
structure
limitations
perio
commence
run
soon
becomes
difficult
layman
invoke
protection
civil
rights
statutes
delaware
state
college
ricks
nothing
regulation
suggests
process
employee
file
complaint
employer
discriminatory
conduct
forced
amend
complaint
allege
constructive
discharge
resigning
requiring
complaint
filed
resignation
occurs
also
ignore
employee
may
position
leave
job
immediately
pp
arguments
applying
standard
rule
rejected
suders
stands
proposition
constructive
discharge
tantamount
formal
discharge
remedial
purposes
rule
constructive
discharge
claim
distinct
underlying
discriminatory
act
green
resignation
mere
inevitable
consequence
postal
service
discriminatory
conduct
ricks
distinguished
finally
important
goal
promoting
conciliation
early
informal
contact
counselor
warrant
treating
constructive
discharge
different
actual
discharge
purposes
limitations
period
pp
claim
accrues
limitations
period
begins
run
employee
gives
notice
resignation
effective
date
thereof
tenth
circuit
left
determine
first
instance
date
green
fact
gave
notice
vacated
remanded
sotomayor
delivered
opinion
roberts
kennedy
ginsburg
breyer
kagan
joined
alito
filed
opinion
concurring
judgment
thomas
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
marvin
green
petitioner
megan
brennan
postmaster
general
writ
certiorari
appeals
tenth
circuit
may
justice
sotomayor
delivered
opinion
title
vii
civil
rights
act
stat
amended
et
prohibits
employers
discriminating
basis
race
color
religion
sex
national
origin
retaliating
employees
opposing
seeking
relief
discrimination
federal
civil
servant
sue
employer
violating
title
vii
must
among
things
initiate
contact
equal
employment
opportunity
counselor
agency
within
days
date
matter
alleged
discriminatory
cfr
employee
claims
fired
discriminatory
reasons
matter
alleged
discriminatory
includes
discharge
limitations
period
begins
running
employee
fired
address
limitations
period
begins
run
employee
fired
resigns
face
intolerable
discrimination
constructive
discharge
hold
circumstances
matter
alleged
discriminatory
includes
employee
resignation
clock
constructive
discharge
begins
running
employee
resigns
recite
following
facts
light
favorable
petitioner
marvin
green
district
entered
summary
judgment
green
black
man
worked
postal
service
years
serving
postmaster
englewood
colorado
applied
promotion
vacant
postmaster
position
nearby
boulder
passed
shortly
thereafter
green
complained
denied
promotion
race
green
relations
supervisors
crumbled
following
complaint
tensions
peaked
december
two
green
supervisors
accused
intentionally
delaying
mail
criminal
offense
see
informed
green
postal
service
office
inspector
general
oig
investigating
charge
oig
agents
arrived
interview
part
investigation
green
met
oig
agents
supervisors
gave
letter
reassigning
status
matter
resolved
even
though
oig
agents
reported
green
supervisors
investigation
warranted
supervisors
continued
represent
green
oig
criminal
charge
life
changer
app
december
green
postal
service
signed
agreement
whose
meaning
remains
disputed
relevant
postal
service
promised
pursue
criminal
charges
exchange
green
promise
leave
post
englewood
agreement
also
apparently
gave
green
choice
effective
march
either
retire
report
duty
wamsutter
wyoming
population
salary
considerably
lower
earned
denver
suburb
green
chose
retire
submitted
resignation
postal
service
february
effective
march
march
days
submitting
resignation
paperwork
postal
service
february
days
signing
settlement
agreement
december
green
contacted
equal
employment
opportunity
eeo
counselor
report
unlawful
constructive
discharge
contended
supervisors
threatened
criminal
charges
negotiated
resulting
agreement
retaliation
original
alleged
choice
given
effectively
forced
resignation
violation
title
vii
green
eventually
filed
suit
federal
district
district
colorado
alleging
inter
alia
postal
service
constructively
discharged
postal
service
moved
summary
judgment
arguing
green
failed
make
timely
contact
eeo
counselor
within
days
matter
alleged
discriminatory
required
cfr
district
granted
postal
service
motion
summary
judgment
tenth
circuit
affirmed
holding
matter
alleged
discriminatory
encompassed
postal
service
discriminatory
actions
green
independent
decision
resign
february
green
donahue
therefore
limitations
period
started
running
parties
signed
settlement
agreement
december
accordingly
days
passed
agreement
green
contacted
eeo
counselor
march
claim
time
barred
two
courts
appeals
agree
tenth
circuit
view
limitations
period
begins
run
claim
employer
last
discriminatory
tenth
circuit
recognized
however
courts
appeals
held
limitations
period
claim
begin
run
employee
granted
certiorari
resolve
split
party
supports
tenth
circuit
holding
employee
resignation
part
matter
alleged
discriminatory
appointed
catherine
carroll
defend
aspect
judgment
ably
discharged
duties
thanks
service
ii
federal
civil
servant
sue
employer
discriminating
violation
title
vii
must
first
exhaust
administrative
remedies
exhaust
remedies
equal
employment
opportunity
commission
eeoc
promulgated
regulations
require
among
things
federal
employee
consult
eeo
counselor
prior
filing
discrimination
lawsuit
specifically
must
initiate
contact
counselor
within
days
date
matter
alleged
discriminatory
case
personnel
action
within
days
effective
date
action
cfr
timeliness
green
claim
therefore
turns
interpretation
eeoc
regulation
implementing
title
although
begin
interpretation
regulation
text
text
case
particularly
helpful
nowhere
indicate
whether
matter
alleged
discriminatory
claim
includes
employee
resignation
green
contends
employer
discriminatory
conduct
amica
contends
word
matter
simply
means
allegation
forming
basis
claim
defense
black
law
dictionary
ed
term
readily
apply
resignation
matter
alleged
discriminatory
refer
allegations
underlying
claim
discrimination
including
employee
resignation
allegations
concerning
employer
discriminatory
conduct
therefore
must
turn
canons
interpretation
helpful
canon
context
limitations
periods
graham
county
soil
water
conservation
dist
ex
rel
wilson
ordinarily
period
commences
plaintiff
complete
present
cause
action
ibid
cause
action
become
present
limitations
purposes
plaintiff
file
suit
obtain
relief
bay
area
laundry
dry
cleaning
pension
trust
fund
ferbar
although
standard
rule
displaced
limitations
period
begins
run
plaintiff
file
suit
infer
odd
result
absence
indication
text
limitations
period
reiter
cooper
applying
default
rule
persuaded
matter
alleged
discriminatory
claim
necessarily
includes
employee
resignation
three
reasons
first
context
claim
resignation
part
complete
present
cause
action
necessary
limitations
period
ordinarily
begins
run
second
nothing
regulation
creating
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period
clearly
indicates
intent
displace
standard
rule
third
practical
considerations
confirm
merit
applying
standard
rule
therefore
interpret
term
matter
alleged
discriminatory
claim
include
date
green
resigned
standard
rule
limitations
periods
requires
us
first
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complete
present
cause
action
claim
hold
claim
accrues
employee
resigns
doctrine
contemplates
situation
employer
discriminates
employee
point
working
conditions
become
intolerable
reasonable
person
employee
position
felt
compelled
resign
pennsylvania
state
police
suders
employee
resigns
face
circumstances
title
vii
treats
resignation
tantamount
actual
discharge
claim
constructive
discharge
therefore
two
basic
elements
plaintiff
must
prove
first
discriminated
employer
point
reasonable
person
position
felt
compelled
resign
must
also
show
actually
resigned
ibid
constructive
discharge
involves
employee
decision
leave
precipitating
conduct
emphasis
added
words
employee
bring
claim
constructively
discharged
elements
satisfied
file
suit
obtain
relief
standard
rule
limitations
periods
limitations
period
begin
run
claim
plaintiff
resigns
point
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constructive
discharge
point
complete
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cause
action
complete
present
cause
action
limitations
period
ordinarily
begin
run
cf
mac
shell
service
shell
oil
products
limitations
period
constructive
termination
franchise
agreement
starts
running
agreement
constructively
terminated
respect
claim
employer
constructively
discharged
employee
different
claim
employer
actually
discharged
employee
ordinary
wrongful
discharge
claim
also
two
basic
elements
discrimination
discharge
see
mary
honor
center
hicks
lindemann
grossman
weirich
employment
discrimination
law
ed
lindemann
sine
qua
non
discharge
case
course
discharge
claim
accrues
employee
fired
point
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cause
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period
begins
run
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constructive
discharge
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rule
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result
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period
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run
discharge
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rule
interpret
term
matter
alleged
discriminatory
refer
elements
make
claim
including
employee
resignation
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standard
rule
dictates
limitations
period
commence
claim
accrues
exception
rule
text
creating
limitations
period
clearly
indicates
otherwise
see
dodd
nothing
text
title
vii
regulation
however
suggests
standard
rule
displaced
contrary
language
regulation
confirms
application
default
rule
noted
previously
word
matter
generally
refers
allegation
forming
basis
claim
defense
black
law
dictionary
natural
reading
matter
alleged
discriminatory
thus
refers
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forming
basis
discrimination
claim
claim
constructive
discharge
discussed
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discharge
claim
requires
two
basic
allegations
discriminatory
conduct
employer
leads
resignation
employee
long
acts
part
single
claim
consideration
part
matter
alleged
discriminatory
whatever
role
discrimination
individual
element
claim
cf
national
railroad
passenger
corporation
morgan
holding
claim
single
unlawful
employment
practice
includes
every
act
composing
claim
whether
acts
independently
actionable
finally
also
persuaded
applying
standard
rule
limitations
periods
constructive
discharge
makes
good
deal
practical
sense
starting
limitations
clock
ticking
plaintiff
actually
sue
constructive
discharge
serves
little
purpose
furthering
goals
limitations
period
actively
negates
title
vii
remedial
structure
cf
zipes
trans
world
airlines
holding
title
vii
limitations
period
construed
honor
remedial
purpose
legislation
whole
without
negating
particular
purpose
filing
requirement
recognized
limitations
perio
commence
run
soon
becomes
difficult
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invoke
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civil
rights
statutes
delaware
state
college
ricks
limitations
period
begins
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following
employer
precipitating
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conduct
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employee
forced
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conduct
later
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complaint
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discharge
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regulation
suggests
intended
require
layperson
making
difficult
decision
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process
order
preserve
remedy
constructively
discharged
moreover
forcing
employee
lodge
complaint
bring
claim
constructive
discharge
places
employee
difficult
situation
employee
suffered
discrimination
severe
enough
reasonable
person
shoes
resign
might
nevertheless
force
tolerate
discrimination
period
time
might
delay
resignation
afford
leave
might
delay
light
circumstances
case
teacher
waiting
end
school
year
resign
tr
feels
must
stay
period
time
may
reluctant
complain
discrimination
still
employed
complaint
risk
termination
additional
adverse
consequence
may
disclose
future
job
applications
iii
amica
dissent
read
matter
alleged
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clear
enough
meaning
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reliance
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rule
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matter
equivalent
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cause
action
use
phrase
matter
alleged
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sufficiently
clear
statement
standard
claim
accrual
rule
apply
according
amica
dissent
matter
refers
discriminatory
acts
postal
service
green
resignation
disagree
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inherent
phrase
matter
alleged
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limits
employer
conduct
rather
discussed
term
reasonably
interpreted
include
factual
basis
claim
green
alleging
postal
service
discriminated
claims
discrimination
left
choice
resign
amica
dissent
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discharge
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claim
according
amica
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doctrine
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allows
plaintiff
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discrimination
claim
include
damages
leaving
job
thereby
increasing
available
remedies
see
lindemann
constructive
discharge
allows
plaintiff
seek
backpay
front
pay
reinstatement
support
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amica
dissent
emphasize
statement
suders
nder
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doctrine
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decision
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see
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expressly
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claim
distinct
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act
holding
claim
lesser
included
component
graver
claim
constructive
discharge
holding
mere
dictum
see
claim
constructive
discharge
lies
title
vii
see
reason
excise
employee
resignation
claim
purposes
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sets
theory
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discharge
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discharge
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makes
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discharge
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intend
force
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conditions
employment
intolerable
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quits
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post
alito
concurring
judgment
according
concurrence
limitations
period
begin
run
employee
resigns
claim
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begins
last
discriminatory
act
resignation
damages
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theory
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novel
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whole
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allowing
employee
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discharge
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intolerable
reasonable
person
resign
treat
employee
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employer
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also
require
employee
come
forward
proof
proof
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plausibly
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quit
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plan
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amica
dissent
also
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interpretation
consistent
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period
begins
run
discrimination
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interpretation
green
resignation
part
discriminatory
matter
instead
mere
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postal
service
discriminatory
conduct
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used
extend
limitations
period
see
brief
amica
curiae
support
judgment
brief
amica
curiae
citing
ledbetter
goodyear
tire
rubber
overruled
statute
lilly
ledbetter
fair
pay
act
stat
delaware
state
college
ricks
air
lines
evans
post
thomas
dissenting
citing
ricks
chardon
fernandez
per
curiam
similarly
concurrence
argues
cases
require
act
done
discriminatory
intent
must
occur
within
limitations
period
post
opinion
alito
cases
consistent
standard
rule
limitations
period
begins
run
claim
accrues
inevitable
consequence
claim
ricks
example
considered
discrimination
claim
college
faculty
member
denied
tenure
given
contract
last
year
teaching
plaintiff
claim
accrued
sued
college
informed
denied
tenure
gave
explicit
notice
employment
end
contract
expired
ibid
held
limitations
period
began
run
date
contract
expired
final
year
teaching
merely
inevitable
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plaintiff
claimed
discriminatory
green
resignation
contrast
merely
inevitable
consequence
discrimination
suffered
essential
part
claim
green
sue
constructive
discharge
actually
resigned
course
green
resign
wait
consequences
resignation
became
painful
complain
example
use
date
expiration
health
insurance
resignation
extend
limitations
period
inevitable
consequence
principle
ricks
ledbetter
evans
change
focus
limitations
period
remains
claim
discrimination
see
lewis
chicago
holding
evans
progeny
establish
title
vii
plaintiff
must
show
present
violation
within
limitations
period
internal
quotation
marks
omitted
national
railroad
passenger
corporation
morgan
holding
limitations
period
claim
runs
last
act
composing
claim
constructive
discharge
claim
exist
employee
resigns
finally
amica
contends
interpretation
regulation
better
advances
eeoc
goal
promoting
conciliation
federal
employees
early
informal
contact
eeo
counselor
see
exec
order
fed
reg
counseling
federal
employees
shall
encourage
resolution
employee
problems
informal
basis
dissent
suggests
holding
make
discrimination
victim
master
complaint
permitting
limitation
period
waiting
resign
post
opinion
thomas
concurrence
claims
employee
relies
limitations
period
waiting
resign
doubly
luck
discrimination
claim
time
barred
show
discrimination
intolerable
amounted
constructive
discharge
post
opinion
alito
concerns
overblown
amica
may
right
difficult
achieve
conciliation
employee
resigns
true
federal
civil
servant
fired
agency
employee
believes
discriminatory
purpose
neither
decision
necessarily
permanent
resignation
termination
may
undone
employee
contacts
counselor
conciliation
important
warrant
treating
constructive
discharge
different
actual
discharge
purposes
limitations
period
dissent
fear
doubt
victim
employment
discrimination
continue
work
intolerable
environment
merely
thereby
extend
limitations
period
claim
constructive
discharge
anything
plaintiff
wishes
prevail
merits
constructive
discharge
claim
opposite
incentive
claim
constructive
discharge
requires
proof
causal
link
allegedly
intolerable
conditions
resignation
see
lindemann
concurrence
concern
plaintiff
well
advised
delay
pursuing
believes
meritorious
claim
ground
timely
filed
constructive
discharge
claim
resuscitate
claims
limitations
period
begins
running
separate
underlying
claim
discrimination
claim
accrues
regardless
whether
plaintiff
eventually
claims
constructive
discharge
analysis
always
conducted
claim
claim
iv
decision
resignation
triggers
limitations
period
claim
raises
question
precisely
employee
resigns
green
government
agree
employee
resigns
gives
employer
definite
notice
intent
resign
employee
gives
two
weeks
notice
telling
employer
intends
leave
two
weeks
employment
limitations
period
begins
run
day
tells
employer
last
day
work
issue
addressed
tenth
circuit
accordingly
amica
takes
position
see
brief
amica
curiae
agree
notice
rule
flows
directly
precedent
ricks
chardon
fernandez
explained
ordinary
claim
accrues
limitations
period
begins
run
employer
notifies
employee
fired
last
day
employment
ricks
chardon
likewise
hold
claim
accrues
limitations
period
begins
run
employee
gives
notice
resignation
effective
date
resignation
one
factual
issue
remains
exactly
green
gave
postal
service
notice
resignation
government
argues
green
resigned
december
signed
settlement
agreement
claim
therefore
still
time
barred
green
argues
resign
february
submitted
retirement
paperwork
claim
therefore
timely
need
resolve
issue
concluded
limitations
period
green
claim
runs
date
gave
notice
resignation
leave
tenth
circuit
determine
fact
occurred
reasons
vacate
judgment
tenth
circuit
remand
case
proceedings
consistent
opinion
ordered
alito
concurring
judgment
marvin
green
petitioner
megan
brennan
postmaster
general
writ
certiorari
appeals
tenth
circuit
may
justice
alito
concurring
judgment
pursuit
limitations
rule
constructive
discharge
claims
loses
sight
bedrock
principle
title
vii
cases
act
done
discriminatory
intent
must
occurred
within
limitations
period
repeatedly
held
time
pursue
employment
discrimination
claim
starts
running
discriminatory
act
occurs
fresh
limitations
period
start
upon
occurrence
later
nondiscriminatory
act
even
later
act
carries
forward
effects
earlier
discrimination
see
air
lines
evans
delaware
state
college
ricks
chardon
fernandez
per
curiam
lorance
technologies
national
railroad
passenger
corporation
morgan
ledbetter
goodyear
tire
rubber
without
mentioning
consistent
line
precedent
categorically
declares
limitations
period
constructive
discharge
cases
starts
upon
employee
resignation
matter
last
discriminatory
act
occurred
effectively
disposes
requirement
rather
jettison
precedent
hold
limitations
period
constructive
discharge
claims
like
employment
discrimination
claims
starts
running
upon
discriminatory
act
employer
also
hold
employee
resignation
many
cases
considered
discriminatory
act
employer
employer
subjects
employee
intolerable
working
conditions
discriminatory
intent
force
employee
resign
circumstances
employee
consequent
resignation
tantamount
intentional
termination
gives
rise
fresh
limitations
period
conventional
termination
absent
intent
however
resignation
independent
discriminatory
act
merely
delayed
consequence
earlier
discrimination
resignation
may
basis
enhancing
damages
claim
brought
underlying
discrimination
restart
limitations
clock
case
green
presented
sufficient
evidence
postal
service
intended
force
resign
presented
settlement
agreement
requiring
either
retire
transfer
distant
post
office
much
less
pay
accordingly
window
initiate
counseling
opened
gave
postal
service
notice
resignation
regulation
issue
requires
federal
employee
complains
unlawful
discrimination
initiate
contact
equal
employment
opportunity
eeo
counselor
within
days
date
matter
alleged
discriminatory
cfr
observes
language
particularly
helpful
resolving
question
presented
quickly
moves
considerations
ante
think
discerned
regulation
text
observes
matter
context
allegation
forming
basis
claim
defense
black
law
dictionary
ed
ante
fails
plug
regulation
critical
qualifier
matter
must
alleged
phrase
matter
alleged
discriminatory
thus
fairly
read
refer
allegation
discrimination
underlies
employee
claim
fact
supports
claim
even
regulation
text
unclear
point
next
place
look
standard
rule
governing
limitations
periods
majority
specific
limitations
rules
apply
title
vii
cases
title
vii
plaintiffs
required
file
charge
equal
employment
opportunity
commission
eeoc
within
days
alleged
unlawful
employment
practice
occurred
see
morgan
supra
construing
statutory
provision
although
language
identical
regulation
issue
nothing
either
text
requires
read
setting
different
rules
indeed
eeoc
compliance
manual
treats
describes
regulation
requiring
federal
employees
contact
counselor
within
days
alleged
discriminatory
employment
practice
cites
morgan
providing
governing
also
granted
review
case
premise
rule
apply
title
vii
cases
green
petition
merits
brief
ask
us
decide
filing
period
constructive
discharge
claims
begins
matter
federal
employment
discrimination
law
generally
pet
cert
brief
petitioner
circuit
split
alleges
consists
primarily
cases
limitations
period
ran
date
unlawful
employment
practice
see
pet
cert
majority
part
seems
agree
rules
apply
federal
private
sectors
relies
cases
describing
circuit
split
today
decision
meant
resolve
ante
nn
majority
relegation
title
vii
timeliness
cases
rebuttal
argument
see
ante
thus
surprising
title
vii
precedents
set
somewhat
different
limitations
rules
claims
based
discrete
act
discrimination
termination
failure
hire
demotion
claims
based
hostile
work
environment
focus
former
set
rules
green
resignation
discrete
act
precipitated
another
discrete
act
namely
settlement
agreement
required
retire
transfer
lower
paying
position
claims
based
discrete
acts
limitations
period
starts
run
day
discriminatory
act
occurred
expires
days
later
morgan
means
act
done
discriminatory
intent
merely
act
bearing
claim
must
occurred
within
limitations
period
therefore
held
morgan
discrete
discriminatory
acts
actionable
time
barred
even
related
acts
alleged
timely
filed
charges
act
justify
filing
charge
concerning
termination
independently
discriminatory
emphasis
added
spoke
even
directly
point
ledbetter
described
discriminatory
intent
defining
element
title
vii
claim
held
plaintiff
claim
pay
discrimination
untimely
allege
intentionally
discriminatory
conduct
occurred
limitations
period
although
plaintiff
suffered
lower
pay
within
limitations
period
earlier
alleged
discrimination
explained
precedents
new
limitations
commenc
upon
occurrence
subsequent
nondiscriminatory
acts
entail
adverse
effects
resulting
past
discrimination
ibid
discussing
evans
ricks
lorance
morgan
supra
relying
nondiscriminatory
acts
establish
timely
claim
reasoned
impermissibly
shift
intent
one
act
act
consummates
discriminatory
employment
practice
later
act
performed
bias
discriminatory
motive
effect
shift
impose
liability
absence
requisite
intent
time
recognized
multiple
acts
intentionally
discriminatory
occur
fresh
violation
takes
place
thus
new
limitations
period
starts
running
act
committed
principles
lead
following
rule
constructive
discharge
cases
employee
resignation
triggers
fresh
limitations
period
resignation
constitutes
intentionally
discriminatory
act
employer
view
employee
resignation
face
working
conditions
considered
discriminatory
act
employer
employer
makes
conditions
intolerable
specific
discriminatory
intent
forcing
employee
resign
employer
lacks
intent
however
limitations
period
runs
discriminatory
act
precipitated
resignation
approach
reflects
fact
two
kinds
constructive
discharge
much
disagreement
majority
dissent
stems
differing
views
nature
constructive
discharge
majority
constructive
discharge
always
standalone
claim
distinct
underlying
discriminatory
act
ante
justice
thomas
friend
appointed
defend
judgment
constructive
discharge
never
separate
claim
merely
counterdefense
employer
contention
resignation
voluntary
allows
resigning
employee
recover
backpay
relief
unavailable
employees
quit
voluntarily
post
see
side
partly
right
label
constructive
discharge
best
understood
refer
two
different
though
related
concepts
one
distinct
claim
one
case
requires
us
distinguish
two
identify
care
specific
employment
practice
issue
ledbetter
supra
citing
morgan
supra
first
kind
constructive
discharge
occurs
employer
subjects
employee
intolerable
conditions
specific
discriminatory
intent
forcing
employee
quit
situation
employer
deliberately
terminated
employee
discrete
employment
action
discharge
termed
constructive
however
formally
effected
employee
resignation
rather
employer
pink
slip
termination
nevertheless
considered
discriminatory
act
employer
employer
intends
terminate
employee
imposition
intolerable
conditions
forces
employee
rubberstamp
decision
resigning
cf
staub
proctor
hospital
alito
concurring
judgment
majority
opinion
animus
responsibility
adverse
action
attributed
agent
adverse
action
intended
consequence
agent
discriminatory
conduct
resignation
act
consummates
discriminatory
employment
practice
terminating
employee
ledbetter
supra
triggers
fresh
limitations
period
cases
constructive
discharge
like
formal
discharge
treated
distinct
cause
action
might
call
proper
constructive
discharge
claim
employer
discriminatory
intent
sometimes
manifest
outside
limitations
period
consider
example
employer
demotes
employee
say
executive
office
assistant
discriminatory
reasons
intent
loss
prestige
force
employee
quit
time
employee
finally
cracks
resigns
discriminatory
demotion
may
outside
limitations
window
independently
actionable
employer
discriminatory
intent
terminate
employee
carry
forward
eventual
resignation
recognized
possibility
ledbetter
explained
plaintiff
generally
create
timely
title
vii
claim
attach
ing
discriminatory
intent
accompanying
act
outside
limitations
period
another
act
occurred
within
limitations
period
time
acknowledged
may
instances
elements
forming
cause
action
discriminatory
intent
employment
action
span
days
applicable
limitations
period
case
said
limitations
period
start
run
employment
practice
executed
act
intent
joined
ibid
example
employer
forms
illegal
discriminatory
intent
terminate
employee
time
demotion
termination
executed
consummated
employee
resigns
time
later
ibid
point
discriminatory
intent
terminate
act
termination
joined
therefore
point
limitations
period
wrongful
discharge
start
run
second
kind
constructive
discharge
occurs
employer
imposes
intolerable
conditions
discriminatory
reasons
intend
force
employee
resign
quite
different
ordinary
discharge
critical
element
intent
missing
resignation
considered
intentionally
discriminatory
act
employer
something
employer
deliberately
brought
simply
consequence
earlier
discrimination
resignation
thus
trigger
fresh
limitations
period
give
rise
separate
cause
action
see
evans
nondiscriminatory
act
gives
present
effect
past
act
discrimination
actionable
ricks
proper
focus
upon
time
discriminatory
acts
upon
time
consequences
acts
became
painful
internal
quotation
marks
brackets
omitted
ledbetter
supra
new
violation
occur
new
limitations
period
commence
upon
occurrence
subsequent
nondiscriminatory
acts
entail
adverse
effects
resulting
past
discrimination
let
employer
hook
still
liable
acts
discrimination
precipitated
resignation
provided
employee
properly
timely
challenges
suit
brought
underlying
acts
resignation
reasonable
assimilated
formal
discharge
remedial
purposes
pennsylvania
state
police
suders
emphasis
added
resigning
employee
recover
damages
underlying
discrimination
damages
available
formal
discharge
normally
unavailable
employees
voluntarily
quit
see
post
thomas
dissenting
resignation
reasonable
unintended
result
employer
discriminatory
acts
thus
lead
standalone
constructive
discharge
claim
instead
basis
increasing
damages
underlying
discrimination
claim
might
call
constructive
discharge
damages
enhancement
see
suders
supra
analogizing
constructive
discharge
actual
termination
respects
majority
asserts
suders
expressly
held
constructive
discharge
always
distinct
claim
ante
think
suders
taken
pains
qualify
statements
constructive
discharge
akin
actual
termination
remedial
purposes
respects
intention
necessary
resolve
whether
constructive
discharge
separate
cause
action
merely
basis
enhancing
damages
majority
observes
suders
referred
claim
constructive
discharge
see
ante
use
term
indicate
constructive
discharge
always
independent
cause
action
stray
references
claim
punitive
damages
bmw
north
america
gore
mastrobuono
shearson
lehman
hutton
mean
punitive
damages
actionable
independent
underlying
tort
claim
majority
also
asserts
intent
cause
resignation
unnecessary
constructive
discharge
cause
action
whole
point
constructive
discharge
treat
resignation
like
firing
ante
thought
whole
point
title
vii
claim
combat
intentional
discrimination
see
watson
fort
worth
bank
trust
blackmun
joined
brennan
marshall
concurring
part
concurring
judgment
challenge
focuses
exclusively
intent
employer
resignation
deemed
equivalent
actionable
intentional
termination
employer
lacks
intent
terminate
see
staub
holding
person
intend
cause
dismissal
deemed
responsible
dismissal
even
dismissal
result
foreseeable
consequence
person
actions
see
also
intentional
torts
generally
require
actor
intend
consequences
act
simply
act
internal
quotation
marks
omitted
explained
resignation
circumstances
may
still
treated
like
firing
damages
purposes
cases
demand
nothing
ii
framework
propose
respects
fundamental
rule
act
done
discriminatory
intent
must
occurred
within
limitations
period
also
comports
default
rule
limitations
periods
start
run
cause
action
accrues
employer
intends
force
employee
resign
resignation
gives
rise
new
cause
action
constructive
discharge
limitations
period
runs
date
resignation
employer
intend
force
employee
resign
employee
cause
action
based
underlying
discriminatory
acts
limitations
period
runs
time
claim
thus
entirely
unnecessary
majority
abandon
requirement
service
standard
limitations
rule
two
rules
fit
together
perfectly
one
appreciates
dual
nature
constructive
discharge
abundantly
clear
majority
abandoned
requirement
deem
constructive
discharge
claim
timely
even
discriminatory
act
occurred
within
limitations
period
majority
admits
much
declares
employer
discriminatory
conduct
employee
resignation
part
alleged
discriminatory
therefore
view
resignation
may
trigger
limitations
period
whatever
role
discrimination
resignation
element
ante
emphasis
added
support
dubious
proposition
majority
cites
morgan
holding
individual
act
contributing
hostile
work
environment
need
independently
actionable
act
start
fresh
limitations
period
ante
analogy
particularly
inapt
green
constructive
discharge
claim
based
discrete
act
hostile
work
environment
see
supra
even
setting
aside
morgan
held
act
contributing
hostile
work
environment
need
independently
actionable
dint
severity
hostile
work
environment
claim
based
cumulative
effect
individual
acts
may
affect
conditions
employment
implicate
title
unless
considered
aggregate
emphasis
added
nothing
morgan
suggests
limitations
period
hostile
work
environment
claim
run
act
discriminatory
contrary
referred
individual
act
harassment
racial
jokes
racially
derogatory
acts
negative
comments
regarding
capacity
blacks
supervisors
various
racial
epithets
triggering
limitations
period
emphasis
added
majority
opines
rule
better
employees
prevents
limitations
period
expiring
employee
resigns
ante
things
simple
majority
rule
benefits
employees
meet
demanding
standard
constructive
discharge
setting
springe
constructive
discharge
aggravated
form
discrimination
involving
truly
intolerable
working
conditions
leave
employee
choice
resign
suders
objective
standard
subjectively
intolerable
particular
employee
may
strike
jury
merely
unpleasant
imagine
employee
subjected
sexual
harassment
federal
workplace
relying
majority
rule
pursue
eeo
counseling
days
harassment
leads
resign
suppose
last
act
harassment
occurred
day
resigned
ultimately
concludes
harassment
objectively
intolerable
employee
justified
resigning
recover
constructive
discharge
turns
proved
ordinary
discrimination
without
something
needed
establish
constructive
discharge
internal
quotation
marks
omitted
employee
doubly
luck
constructive
discharge
fail
merits
lesser
included
hostile
work
environment
claim
might
brought
prevailed
time
barred
encouraging
employees
wait
resigning
pursue
discrimination
claims
thus
may
needlessly
deprive
unwary
discrimination
victims
relief
better
approach
encourage
employees
seek
eeo
counseling
private
sector
file
eeoc
charge
earliest
opportunity
based
underlying
discriminatory
every
allegation
constructive
discharge
must
based
actionable
discriminatory
practice
see
ibid
lindemann
grossman
weirich
employment
discrimination
law
ed
employee
immediately
seek
counseling
pursue
discrimination
claim
employee
later
resigns
seek
damages
resignation
part
timely
claim
see
supra
framework
set
forth
employee
fails
pursue
underlying
discrimination
claim
still
pursue
standalone
constructive
discharge
claim
long
sufficient
evidence
employer
acted
intent
force
employee
resign
often
case
working
conditions
reasonable
employee
compelled
quit
employer
usually
aware
conditions
terrible
roof
defendant
acted
knowingly
often
gives
rise
reasonable
inference
defendant
also
acted
purposely
loughrin
alito
concurring
part
concurring
judgment
slip
possibility
recovering
damages
constructive
discharge
discrimination
suffered
resignation
unsatisfactory
alternative
many
employees
suffered
unendurable
working
conditions
iii
remains
apply
foregoing
principles
case
tenth
circuit
held
postal
service
entitled
summary
judgment
limitations
defense
question
therefore
whether
green
adduced
sufficient
evidence
jury
reasonably
conclude
postal
service
intended
force
resignation
presented
settlement
agreement
limitations
period
ran
date
green
resignation
little
trouble
concluding
green
carried
burden
indeed
postal
service
virtually
concedes
point
observes
agreement
expressly
stated
green
retire
provided
reporting
duty
wamsutter
wyoming
event
retirement
fell
app
brief
respondent
jury
reasonably
conclude
postal
service
offering
green
choice
retiring
taking
lower
paying
job
hundreds
miles
away
make
choose
retirement
accordingly
judgment
purposes
window
contacting
eeo
counselor
ran
date
green
resigned
precisely
date
gave
postal
service
notice
retirement
see
ante
inclined
agree
green
viewing
evidence
light
favorable
give
notice
retirement
submitted
retirement
papers
making
claim
timely
although
settlement
agreement
provided
retire
alternatively
allowed
transfer
wyoming
unless
green
turned
away
wamsutter
post
office
despite
language
chosen
go
green
submitted
retirement
papers
one
say
certainty
position
terminated
rather
transferred
said
like
majority
content
leave
question
tenth
circuit
tackle
remand
accordingly
concur
judgment
thomas
dissenting
marvin
green
petitioner
megan
brennan
postmaster
general
writ
certiorari
appeals
tenth
circuit
may
justice
thomas
dissenting
title
vii
civil
rights
act
prohibits
employers
engaging
discriminatory
acts
employees
equal
employment
opportunity
commission
eeoc
regulation
implementing
title
vii
federal
employees
believe
discriminated
must
consult
eeoc
counselor
prior
filing
complaint
order
try
informally
resolve
matter
cfr
particular
aggrieved
employee
must
initiate
contact
counselor
within
days
date
matter
alleged
discriminatory
today
majority
holds
matter
alleged
discriminatory
includes
matter
discriminatory
federal
employee
decision
quit
job
ante
majority
reaches
conclusion
adopting
atextual
reading
regulation
expands
doctrine
consistent
text
regulation
history
doctrine
hold
employer
actions
may
constitute
matter
alleged
discriminatory
employer
action
alleged
discriminatory
took
place
days
petitioner
marvin
green
contacted
eeoc
claims
untimely
therefore
respectfully
dissent
meaning
matter
alleged
discriminatory
refers
actions
taken
employer
employee
follows
ordinary
meaning
matter
discriminatory
well
precedents
begin
language
regulation
specific
context
language
used
mcneill
brackets
omitted
word
phrase
left
undefined
matter
alleged
discriminatory
consider
ordinary
meaning
asgrow
seed
winterboer
matter
subject
consideration
esp
involving
dispute
litigation
omething
tried
proved
allegation
forming
basis
claim
defense
black
law
dictionary
ed
oxford
english
dictionary
ed
matter
means
event
circumstance
fact
question
state
course
things
may
object
consideration
practical
concern
subject
affair
business
see
ante
embracing
view
term
discriminatory
means
characterized
differential
treatment
lacks
sound
justification
see
random
house
dictionary
english
language
ed
discriminatory
means
characterized
showing
prejudicial
treatment
esp
indication
racial
religious
sexual
bias
garner
dictionary
modern
legal
usage
discriminatory
means
applying
discrimination
treatment
esp
ethnic
grounds
black
law
dictionary
discrimination
means
characterized
ifferential
treatment
failure
treat
persons
equally
reasonable
distinction
found
favored
favored
thus
matter
alleged
discriminatory
means
employee
allegation
treated
unjustifiably
differential
manner
context
employment
discrimination
employer
discriminate
apply
unjustifiable
differential
treatment
employee
plausibly
said
discriminate
therefore
makes
sense
say
employee
act
quitting
constitutes
action
treated
differential
manner
lacked
sound
justification
make
sense
say
employee
decision
quit
discriminatory
simply
may
result
antecedent
discriminatory
conduct
two
precedents
national
railroad
passenger
corporation
morgan
delaware
state
college
ricks
illustrate
matter
alleged
discriminatory
reason
employee
quit
quitting
morgan
rejected
argument
phrase
similar
matter
alleged
discriminatory
namely
alleged
unlawful
employment
practice
connotes
ongoing
violation
endure
recur
period
time
held
discrete
discriminatory
acts
employer
occurring
outside
filing
period
actionable
even
connected
acts
within
period
word
practice
explained
conver
related
discrete
acts
single
unlawful
practice
purposes
timely
filing
true
word
matter
see
eeoc
compliance
manual
threshold
issues
equating
matter
alleged
discriminatory
alleged
discriminatory
employment
practice
online
http
last
visited
mar
equating
matter
alleged
discriminatory
alleged
discriminatory
employment
practice
ricks
complements
morgan
holding
discrimination
occurs
employer
takes
adverse
action
employee
employee
feels
consequences
action
ricks
considered
timeliness
eeoc
complaint
professor
filed
allegedly
denied
tenure
account
national
origin
employer
offered
contract
teach
one
year
denied
tenure
professor
contended
claim
accrue
contract
expired
offer
contract
constituted
violation
rejected
argument
explained
ere
continuity
employment
without
insufficient
prolong
life
cause
action
employment
discrimination
ibid
see
also
chardon
fernandez
per
curiam
holding
claims
administrators
puerto
rican
department
education
untimely
claims
accrued
received
notice
fired
effective
date
terminations
alleged
employer
conduct
immediately
prompted
green
decision
quit
postal
service
request
december
sign
settlement
agreement
see
app
app
irrelevant
whether
green
decision
quit
present
effect
past
illegal
act
therefore
perpetuate
consequences
forbidden
discrimination
ricks
supra
internal
quotation
marks
omitted
postal
service
december
request
matter
alleged
discriminatory
green
days
december
initiate
contact
days
late
claim
untimely
majority
reaches
opposite
conclusion
three
reasons
none
withstands
scrutiny
first
majority
observes
text
regulation
particularly
helpful
word
matter
simply
means
allegation
forming
basis
claim
defense
readily
apply
resignation
ante
thus
majority
contends
matter
reasonably
interpreted
include
factual
basis
claim
view
includes
green
decision
resign
ante
explained
interpretation
grapple
entire
phrase
matter
alleged
discriminatory
encompass
subsequent
nondiscriminatory
actions
employee
takes
second
majority
contends
standard
rule
limitations
periods
informs
understanding
cfr
ante
internal
quotation
marks
omitted
rule
majority
contends
limitations
period
begin
run
complete
present
cause
action
ante
internal
quotation
marks
omitted
majority
concludes
complete
present
cause
action
constructive
discharge
employee
resigns
ibid
internal
quotation
marks
omitted
even
assuming
employee
resignation
essential
part
constructive
discharge
claim
see
part
ii
infra
standard
rule
merely
default
rule
graham
county
soil
water
conservation
dist
ex
rel
wilson
default
rule
apply
however
text
confirms
limitations
period
begins
run
cause
action
accrues
pillsbury
engineering
confirms
point
case
considered
statute
provided
right
compensation
disability
shall
barred
unless
claim
therefor
filed
within
one
year
injury
quoting
held
period
began
time
injury
employee
later
became
disabled
result
injury
concluded
congress
meant
said
limited
recovery
one
year
date
injury
mean
although
reading
meant
employee
barred
filing
claim
right
file
arises
refused
rewrite
statute
limitations
avoid
result
ibid
see
also
dodd
giving
effect
clear
text
limitations
provision
even
though
reading
de
difficult
certain
movants
obtain
relief
lead
harsh
results
like
limitations
provision
pillsbury
cfr
makes
clear
limitations
period
begin
claim
accrues
lest
intended
limitation
limitation
regulation
instructs
limitations
period
begins
run
matter
alleged
discriminatory
occurs
discriminatory
conduct
employer
say
includes
green
resignation
effect
extending
limitation
indefinitely
ibid
see
part
supra
finally
majority
downplays
morgan
ricks
claiming
green
resignation
merely
inevitable
consequence
discrimination
suffered
essential
part
claim
ante
claim
employer
constructively
discharged
employee
majority
contends
different
claim
employer
actually
discharged
employee
ante
reasoning
reconciled
regulatory
text
fails
grapple
precedents
isolating
green
late
response
settlement
agreement
rather
employer
alleged
coercion
green
sign
agreement
majority
ignores
discriminatory
act
bestows
green
advantage
employees
subject
wrongful
discrimination
green
signed
termination
papers
rather
settlement
papers
question
untimeliness
claims
ricks
time
green
claim
begun
run
employer
discriminated
even
termination
effective
months
later
see
also
chardon
today
majority
decides
green
claim
different
majority
elevates
constructive
discharge
status
super
termination
capable
extending
limitations
period
far
beyond
time
employer
acted
discriminatorily
ii
majority
error
merely
one
regulatory
misinterpretation
misreading
regulation
majority
expands
doctrine
beyond
original
bounds
particular
majority
cements
mistaken
notion
constructive
discharge
independent
cause
action
mere
counterdefense
unjustifiably
focusing
employee
response
employer
conduct
see
ante
majority
exacerbates
problems
pennsylvania
state
police
suders
first
created
adopting
capacious
definition
constructive
discharge
holding
discrimination
claim
based
constructive
discharge
accrues
employee
resigns
majority
wrongly
assumes
constructive
discharge
separate
claim
equivalent
actual
discharge
title
vii
ante
doctrine
best
understood
employer
defense
worker
voluntarily
quit
separate
claim
eeoc
gallagher
supp
sd
tex
vacated
part
grounds
national
labor
relations
board
nlrb
developed
doctrine
address
situations
employers
coerced
employees
resign
often
creating
intolerable
working
conditions
retaliation
employees
engagement
collective
activities
suders
supra
see
also
shuck
comment
quit
returning
first
principles
constructive
discharge
doctrine
berkeley
empl
lab
employee
voluntarily
quit
usually
lost
right
backpay
remedies
whereas
employee
fired
discriminatory
reasons
see
doctrine
enabled
courts
provide
remedy
employees
voluntarily
quit
based
fiction
decision
quit
actually
voluntary
see
ibid
suders
supra
thus
originally
conceived
constructive
discharge
independent
cause
action
instead
counterdefense
employer
contention
resignation
voluntary
thus
factor
damages
knabe
boury
see
also
russ
van
scoyoc
supp
dc
collecting
cases
understood
employee
resignation
complete
cause
action
thus
trigger
limitations
period
majority
contends
suders
marked
departure
original
conception
constructive
discharge
expressly
ld
ing
constructive
discharge
claim
distinct
underlying
discriminatory
act
ante
case
resolve
issue
one
way
sure
suders
contains
statements
suggesting
constructive
discharge
claim
majority
points
example
suders
hostile
work
environment
claim
less
grav
claim
constructive
discharge
claim
constructive
discharge
lies
title
vii
ante
citing
suders
emphasis
added
see
also
referring
sexual
discharge
claim
referring
constructive
discharge
claims
time
however
question
issue
suders
availability
affirmative
defenses
vein
suders
held
employers
avail
defenses
official
act
company
id
underlie
constructive
discharge
also
statements
throughout
suders
opinion
flatly
inconsistent
reading
majority
suggests
example
points
employee
resignation
assimilated
formal
discharge
remedial
purposes
without
mentioning
liability
emphasis
added
see
also
noting
prevailing
constructive
discharge
plaintiff
entitled
damages
available
formal
discharge
including
backpay
sometimes
frontpay
constructive
discharge
functionally
actual
termination
respects
emphasis
added
short
suders
resolve
whether
constructive
discharge
depends
underlying
discriminatory
act
hold
constructive
discharge
cause
action
distinct
underlying
discrimination
claim
majority
today
exploits
suders
imprecision
whether
constructive
discharge
independent
claim
also
takes
advantage
opinion
ambiguity
employee
must
establish
invoke
doctrine
suders
objected
statement
doctrine
encompasses
situations
working
conditions
become
intolerable
reasonable
person
employee
position
felt
compelled
resign
description
least
resemble
actual
discharge
permits
employee
allege
constructive
discharge
absent
adverse
employment
action
absent
employer
intent
cause
resignation
thomas
dissenting
despite
suders
overly
broad
description
doctrine
least
retained
focus
employer
conduct
suders
explained
whether
assimilat
constructive
discharge
formal
discharge
remedial
purposes
entailed
objective
inquiry
focused
working
conditions
held
employer
raise
certain
affirmative
defenses
stave
liability
official
action
forced
employee
resign
today
majority
goes
even
suders
eviscerating
limitations
doctrine
majority
rule
transforms
constructive
discharge
claim
focused
employee
conduct
instead
employer
green
allege
signed
settlement
agreement
act
supervisor
even
occurred
otherwise
immediately
precipitated
decision
quit
see
app
majority
holding
green
claim
accrued
resigned
must
rest
green
subjective
feelings
forced
settlement
ignoring
date
employer
discriminatory
act
occurred
instead
focusing
employee
subjective
response
discriminatory
act
see
ante
majority
dispenses
function
employer
conduct
effect
majority
analysis
constructive
discharge
longer
involves
sort
objective
inquiry
agree
concept
constructive
discharge
already
tenuous
footing
based
text
title
vii
instead
fiction
employee
resignation
attributed
employer
limited
circumstances
initially
conceived
nlrb
fictitious
attribution
justified
employer
unlawful
employment
practice
standing
alone
render
ed
employee
resignation
reasonable
thus
entitle
employee
backpay
shuck
berkeley
empl
lab
emphasis
added
see
concluding
reasonable
per
se
employees
quit
light
nature
employer
intentional
discriminatory
transfers
attribution
justified
however
constructive
discharge
accrues
based
solely
employee
subjective
response
alleged
discrimination
green
proffered
evidence
discrimination
continued
occur
signed
settlement
agreement
contact
eeoc
untimely
cfr
accordingly
affirm
judgment
appeals
footnotes
assume
without
deciding
unlawful
federal
agency
retaliate
civil
servant
complaining
discrimination
see
potter
brief
respondent
mayers
laborers
health
safety
fund
north
america
cadc
per
curiam
davidson
water
works
flaherty
metromail
draper
coeur
rochester
hukkanen
operating
engineers
young
national
center
health
servs
research
regulation
applicable
federal
employees
statutory
analog
title
vii
plaintiffs
required
file
charge
eeoc
within
days
alleged
unlawful
employment
practice
occurred
although
language
different
eeoc
treats
federal
employee
limitations
periods
identical
operation
see
eeoc
compliance
manual
threshold
issues
green
contend
alleged
constructive
discharge
personnel
action
see
brief
petitioner
green
donahoe
therefore
address
matter
alleged
discriminatory
clause
concurrence
suggests
theory
consistent
statements
suders
opinion
constructive
discharge
akin
actual
discharge
remedial
respects
post
opinion
alito
quoting
suders
ignores
obvious
explanation
qualification
distinguishing
merits
claim
constructive
discharge
generally
resignation
imputed
discriminatory
act
employer
affirmative
defense
available
employer
hostile
work
environment
claim
specifically
allows
employer
defend
hostile
work
environment
claim
certain
circumstances
took
employee
suders
recognized
bizarre
always
impute
resignation
official
act
employer
constructive
discharge
hostile
work
environment
case
prohibit
employer
relying
defense
make
easier
prove
graver
claim
constructive
discharge
hostile
work
environment
prove
hostile
work
environment
claim
thus
declined
hold
resignation
constructive
discharge
case
categorically
official
act
instances
ibid
words
sought
measure
parity
constructive
discharge
ordinary
discrimination
parity
extend
limitations
period
dissent
relies
morgan
holding
unlike
claim
may
comprise
many
discriminatory
acts
discrete
claims
discrimination
based
independent
discriminatory
acts
aggregated
extend
limitations
period
see
post
opinion
thomas
citing
proves
point
analysis
limitations
period
turns
nature
specific
legal
claim
issue
morgan
noted
even
claim
discrimination
based
single
discriminatory
act
time
barred
act
still
used
part
basis
claim
long
one
act
part
claim
occurred
within
limitations
period
precisely
entire
hostile
work
environment
encompasses
single
unlawful
employment
practice
hold
circuits
plaintiff
may
base
suit
individual
acts
occurred
outside
statute
limitations
footnotes
period
often
referred
charging
filing
period
see
ledbetter
goodyear
tire
rubber
national
railroad
passenger
corporation
morgan
period
issue
case
involves
initiating
counseling
rather
filing
charge
simplicity
refer
periods
limitations
periods
eeoc
compliance
manual
threshold
issues
emphasis
added
online
http
last
visited
may
congress
since
abrogated
ledbetter
precise
holding
context
discrimination
compensation
lilly
ledbetter
fair
pay
act
stat
codified
disturb
reasoning
precedents
ledbetter
based
cf
ledbetter
supra
discussing
similar
amendment
abrogating
precise
holding
lorance
technologies
enhanced
damages
also
available
suit
based
underlying
discrimination
employer
intended
make
employee
resign
intent
force
resignation
necessary
pursue
constructive
discharge
separate
claim
underlying
discrimination
certainly
prevent
employee
pursuing
greater
damages
underlying
discrimination
constructive
discharge
theory
example
unintended
resignation
prompted
discrete
act
like
humiliating
demotion
transfer
limitations
period
run
date
demotion
transfer
see
morgan
resignation
prompted
intolerable
hostile
work
environment
limitations
period
run
act
contributed
hostile
work
environment
see
majority
seems
agree
employees
promptly
challenge
underlying
discrimination
see
ante
disparages
idea
elsewhere
opinion
see
ante
beyond
given
inference
hard
see
majority
thinks
often
difficult
allege
plausibly
employer
intended
force
employee
resign
ante
inherently
difficult
often
easier
allege
prove
employer
intended
foreseeable
consequences
actions
allege
prove
employer
acted
discriminatory
animus
employee
race
sex
religion
protected
characteristic
burden
every
title
vii
plaintiff
must
carry
footnotes
title
vii
defines
term
employer
include
agent
employer
title
vii
provide
federal
employees
cause
action
retaliation
ante
title
vii
provision
incorporates
certain
provisions
related
discrimination
incorporate
provision
prohibiting
retaliation
private
sector
see
incorporating
forbids
retaliation
light
text
grave
doubts
green
federal
employee
claim
retaliation
parties
raise
issue
majority
leaves
open
need
resolve