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The U.S. Courts of Appeals are divided regarding when an employee’s Title VII constructive discharge claim begins to accrue. The First, Second, Fourth, Eighth, and Ninth Circuits have held that the claim begins to accrue when the employee resigns. The Seventh, Tenth, and District of Columbia Circuits have held that constructive discharge claims begin to accrue at the time of the employer’s last discriminatory act. In April 2015, the U.S. Supreme Court granted certiorari in Green v. Donahoe, a 2014 Tenth Circuit decision that deepened the circuit split. This Note argues that the U.S. Supreme Court should resolve this circuit split by overturning the Tenth Circuit’s 2014 decision in Green v. Donahoe because accrual upon resignation is more administratively efficient, intuitive for employees, and consistent with Title VII’s purpose.


File nameDate UploadedVisibilityFile size
8 Sep 2022
759 kB



  • Subject
    • Civil Rights and Discrimination

    • Labor and Employment Law

  • Journal title
    • Boston College Law Review

  • Volume
    • 56

  • Issue
    • 4

  • Pagination
    • 1613

  • Date submitted

    8 September 2022