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

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On Monday, 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 file a charge of discrimination with the EEOC no later than 180 days from the date that the alleged discrimination took place. This deadline extends to 300 days if there is a state law prohibiting discrimination on the same basis. Federal employees have to follow a slightly different process, and are normally required to contact an EEO counselor within 45 days. Continue Reading