Too Early or Too Late: U.S. Supreme Court Should Rule Constructive Discharge Claims Accrue Upon Resignation

The U.S. Courts of Appeals are divided regarding when an employee’s Title VII constructive discharge claim begins to accrue. The First, Second, Fourth, Eighth, and Ninth Circuits have held that the claim begins to accrue when the employee resigns. The Seventh, Tenth, and District of Columbia Circuits have held that constructive discharge claims begin to accrue at the time of the employer’s last discriminatory act. In April 2015, the U.S. Supreme Court granted certiorari in Green v. Donahoe, a 2014 Tenth Circuit decision that deepened the circuit split. This Note argues that the U.S. Supreme Court should resolve this circuit split by overturning the Tenth Circuit’s 2014 decision in Green v. Donahoe because accrual upon resignation is more administratively efficient, intuitive for employees, and consistent with Title VII’s purpose.