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Vol. 40, No. 4, Spring 2015

Employee Relations Law Journal

By: Howard S. Lavin, Elizabeth E. DiMichele

When does the statute of limitations on a constructive discharge claim under Title VII begin to run? The circuit courts are split on this issue. The Tenth Circuit held that the statute of limitations begins to run when the employer engages in a discriminatory act that causes the employee to resign.  This holding explicitly rejected decisions of the Second, Fourth and Ninth Circuits, which have held that the statute of limitations does not begin to run until the employee’s resignation. A petition for writ of certiorari may soon be pending before the Supreme Court on the issue, which could give the Court a means of resolving the circuit split.

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