News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Hiring & Firing Constructive Discharge

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Appellate Court Says Constructive Discharge Limitations Period Runs From Last Act of Discrimination, Not Resignation

The Connecticut Appellate Court recently ruled that a septuagenarian teacher’s claims that she was forced to resign because of age discrimination were untimely. The ruling distinguishes Connecticut law from a 2016 Supreme...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TKO Construction Services for Sex, Race and Age Discrimination, and Constructive Discharge

Federal Agency Charges Employee Was Forced to Resign After Company President Told Her Discriminate Against Women, Blacks and Older Workers - MINNEAPOLIS – TKO Construction Services violated federal law when it...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Affirms High Standard for Constructive Discharge

​​​​​​​On October 4, the Fourth Circuit Court of Appeals (which includes Maryland, Virginia, West Virginia, North Carolina, and South Carolina) affirmed a lower court’s grant of summary judgment to an employer, in part, based...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

Trucking Company Subjected Women to Sex-Based Discrimination in Hiring, Federal Agency Charges - INDIANAPOLIS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed suit against Gypsum...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T.M.F Mooresville for Racial Harassment and Constructive Discharge at Hampton Inn

Employer Allowed Black Housekeeper to Racially Harass White Coworkers, Federal Agency Charges - MOORESVILLE, N.C. – T.M.F. Mooresville, LLC, operating as Hampton Inn & Suites in Mooresville, North Carolina, subjected white...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lancaster’s BBG& Wings for Racial Harassment And Constructive Discharge

Black Employee Had to Quit Due to Racial Slurs and Harassment, Federal Agency Charges - STATESVILLE, N.C. - Joe's Old Fashioned Bar-B-Que, Inc., doing business as Lancaster's BBQ & Wings, a North Carolina corporation,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Whataburger for Retaliation against Manager Who Refused to Hire Only White Applicants

Tallahassee Restaurant Manager Was Told to Consider Only Applications That 'Sounded White,' Federal Agency Charges - TALLAHASSEE, Fla. - Fast food restaurant giant Whataburger Restaurants LLC violated federal law when it...more

Burr & Forman

Mining company doomed in resurrected 'mark of the beast' lawsuit

Burr & Forman on

The U.S. 4th Circuit Court of Appeals (whose rulings apply to all South Carolina employers) recently decided a religious accommodation case in which a jury awarded a former employee more than half a million dollars. The Equal...more

Proskauer - California Employment Law

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Laner Muchin, Ltd.

U.S. Supreme Court Provides Clarity On Statute Of Limitations In Constructive Discharge Title VII Cases

Laner Muchin, Ltd. on

In a ruling on May 23, 2016, the United States Supreme Court provided much needed clarity on an issue that had caused a split among federal Circuit courts: when is a claim for constructive discharge under Title VII filed too...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

Baker Donelson

Employers Beware: Clock Ticking on Constructive Discharge Claims

Baker Donelson on

On May 23, the U.S. Supreme Court ruled that the statute of limitations for a Title VII constructive discharge claim begins to run on the date of the employee’s notice of resignation – not on the date of the employer’s last...more

Genova Burns LLC

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

Genova Burns LLC on

On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Franczek P.C.

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

Franczek P.C. on

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

FordHarrison

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

FordHarrison on

The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

Littler

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

Littler on

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

U.S. Equal Employment Opportunity Commission...

EEOC’S Lawsuit Against Costco to Proceed

Court Denies Warehouse Retailer's Attempts to Avoid Trial on Allegations Store Failed to Stop Customer from Stalking and Harassing Employee - CHICAGO - A federal district court judge ruled that the U.S. Equal Employment...more

Baker Donelson

SCOTUS to Decide Filing Period for Constructive Discharge Claims

Baker Donelson on

In its October 2015 term, the Supreme Court of the United States will settle a circuit split on the filing period for a constructive discharge claim. On April 27, 2015, the Supreme Court granted a petition for review of Green...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more

U.S. Equal Employment Opportunity Commission...

McDonald's Restaurants of California, Inc. Settles EEOC Religious Discrimination Lawsuit

Federal Agency Charged Muslim Trainer Was Constructively Discharged for Not Shaving Beard - FRESNO, Calif. - McDonald's Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious...more

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