After Green complained to his employer that he was denied a promotion because he was black, his supervisors accused him of the crime of intentionally delaying the mail. In an agreement signed December 16, 2009, the U.S.P.S. agreed not to pursue criminal charges, and Green agreed either to retire or to accept a demotion. Green chose to retire and submitted his resignation paperwork on February 9, 2010, effective March 31.
On March 22, 2010, (41 days after resigning / 96 days after signing the agreement) Green reported an unlawful constructive discharge to an EEO counselor. Green filed suit, which was dismissed as untimely because he had not contacted the counselor within 45 days of the “matter alleged to be discriminatory”. The Tenth Circuit affirmed, holding that the 45-day limitations period began to run on December 16.
The Supreme Court held that because part of the “matter alleged to be discriminatory” in a constructive-discharge claim is an employee’s resignation, the 45-day limitations period for such action begins running only after an employee resigns. Thus, a constructive-discharge claim accrues—and the limitations period begins to run—when the employee gives notice of his resignation, not on the effective date thereof.