Green v. Brennan
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-613 | 10th Cir. | Nov 30, 2015 | May 23, 2016 | 7-1 | Sotomayor | OT 2015 |
Holding: (1) Because part of the "matter alleged to be discriminatory" in a constructive-discharge claim alleging discrimination in violation of Title VII of the Civil Rights Act of 1964 is an employee's resignation, the forty-five-day limitations period for contacting an Equal Employment Opportunity counselor for such action (a prerequisite to filing a lawsuit alleging discrimination) begins running only after an employee resigns; and (2) 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.
Judgment: Vacated and remanded, 7-1, in an opinion by Justice Sotomayor on May 23, 2016. Justice Alito filed an opinion concurring in the judgment. Justice Thomas filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Pro-plaintiff ruling in federal employment discrimination case (Amy Howe, May 23, 2016)
- Argument analysis: Choosing a rule in employment-discrimination case (Amy Howe, December 1, 2015)
- Argument preview: Justices to consider limitations period for federal employees alleging employment discrimination (Amy Howe, November 24, 2015)
- Congress's power to permit lawsuits at issue (Lyle Denniston, April 27, 2015)
- Petition of the day (Maureen Johnston, December 16, 2014)
| Date | Proceedings and Orders |
|---|---|
| 10/02/2014 | Application (14A368) to extend the time to file a petition for a writ of certiorari from October 26, 2014 to November 26, 2014, submitted to Justice Sotomayor. |
| 10/06/2014 | Application (14A368) granted by Justice Sotomayor extending the time to file until November 26, 2014. |
| 11/25/2014 | Petition for a writ of certiorari filed. (Response due December 29, 2014) |
| 12/23/2014 | Order extending time to file response to petition to and including January 28, 2015. |
| 01/26/2015 | Order further extending time to file response to petition to and including February 27, 2015. |
| 02/19/2015 | Order further extending time to file response to petition to and including March 16, 2015. |
| 03/11/2015 | Order further extending time to file response to petition to and including March 18, 2015. |
| 03/18/2015 | Brief of respondent Megan J. Brennan, Postmaster General in opposition filed. |
| 03/31/2015 | Reply of petitioner Marvin Green filed. |
| 04/01/2015 | DISTRIBUTED for Conference of April 17, 2015. |
| 04/20/2015 | DISTRIBUTED for Conference of April 24, 2015. |
| 04/27/2015 | Petition GRANTED. |
| 05/15/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 6, 2015. |
| 05/15/2015 | The time to file respondent's brief on the merits is extended to and including August 27, 2015. |
| 06/30/2015 | Letter from the Solicitor General informing Clerk of their position on the merits. |
| 07/06/2015 | Joint appendix filed. (Statement of costs received). |
| 07/06/2015 | Brief of petitioner Marvin Green filed. |
| 07/13/2015 | Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., and National Women's Law Center filed. |
| 07/13/2015 | Brief amicus curiae of The National Employment Lawyers Association filed. |
| 07/28/2015 | Catherine M.A. Carroll, Esq., of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below. Briefs of other amici curiae in support of the judgment below are to be filed within 7 days of the filing of the brief of Court-appointed amicus curiae. |
| 07/28/2015 | Brief of respondent Megan J. Brennan, Postmaster General in support of affirmance filed. |
| 08/03/2015 | The time to file the brief of the Court-appointed amicus curiae is extended to and including September 28, 2015. |
| 09/28/2015 | Brief of Court-appointed amicus curiae in support of the judgment below filed. |
| 10/02/2015 | Motion for allocation of argument time filed by respondent Megan J. Brennan, Postmaster General (on behalf of the parties and Court-appointed amicus curiae). |
| 10/05/2015 | Brief amici curiae of Equal Employment Advisory Council, et al. filed. |
| 10/05/2015 | Brief amicus curiae of New England Legal Foundation filed. |
| 10/09/2015 | SET FOR ARGUMENT on Monday, November 30, 2015 |
| 10/19/2015 | Record requested from U.S.C.A. 10th Circuit |
| 10/19/2015 | Record from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 1 Box. |
| 10/27/2015 | CIRCULATED |
| 10/28/2015 | Reply of petitioner Marvin Green filed. (Distributed) |
| 10/28/2015 | Reply of respondent Megan J. Brennan, Postmaster General in support of affirmance filed. (Distributed) |
| 10/30/2015 | Motion for allocation of argument time GRANTED. |
| 11/30/2015 | Argued. For petitioner: Brian Wolfman, Stanford, Cal. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae: Catherine M.A. Carroll, Washington, D. C. |
| 05/23/2016 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Kagan, JJ., joined. Alito, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissenting opinion. |
| 06/24/2016 | JUDGMENT ISSUED |