News & Analysis as of

Retaliation Resignation Title VII

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Chipotle for Religious Discrimination and Retaliation

Federal Agency Charges Muslim Teen Was Harassed, Retaliated Against, and Forced to Quit - ST. LOUIS – National restaurant chain Chipotle violated federal law when a manager at the company’s Lenexa, Kansas location harassed...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...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

Dickinson Wright

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

Dickinson Wright on

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...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

Jackson Lewis P.C.

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

Jackson Lewis P.C. on

The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...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

Miller Canfield

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

Miller Canfield on

The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

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

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

Parker Poe Adams & Bernstein LLP

Refusal to Allow Employee to Rescind Resignation May Violate Title VII

In general, once an employee tenders his or her notice of resignation, the employer is under no legal obligation to rescind acceptance of the notice. Last month, the Fifth Circuit Court of Appeals cast doubt on this rule by...more

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

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

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