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Green v. Brennan

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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

DateProceedings and Orders (key to color coding)
Oct 2 2014Application (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.
Oct 6 2014Application (14A368) granted by Justice Sotomayor extending the time to file until November 26, 2014.
Nov 25 2014Petition for a writ of certiorari filed. (Response due December 29, 2014)
Dec 23 2014Order extending time to file response to petition to and including January 28, 2015.
Jan 26 2015Order further extending time to file response to petition to and including February 27, 2015.
Feb 19 2015Order further extending time to file response to petition to and including March 16, 2015.
Mar 11 2015Order further extending time to file response to petition to and including March 18, 2015.
Mar 18 2015Brief of respondent Megan J. Brennan, Postmaster General in opposition filed.
Mar 31 2015Reply of petitioner Marvin Green filed.
Apr 1 2015DISTRIBUTED for Conference of April 17, 2015.
Apr 20 2015DISTRIBUTED for Conference of April 24, 2015.
Apr 27 2015Petition GRANTED.
May 15 2015The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 6, 2015.
May 15 2015The time to file respondent's brief on the merits is extended to and including August 27, 2015.
Jun 30 2015Letter from the Solicitor General informing Clerk of their position on the merits.
Jul 6 2015Joint appendix filed. (Statement of costs received).
Jul 6 2015Brief of petitioner Marvin Green filed.
Jul 13 2015Brief amici curiae of NAACP Legal Defense & Educational Fund, Inc., and National Women's Law Center filed.
Jul 13 2015Brief amicus curiae of The National Employment Lawyers Association filed.
Jul 28 2015Catherine 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.
Jul 28 2015Brief of respondent Megan J. Brennan, Postmaster General in support of affirmance filed.
Aug 3 2015The time to file the brief of the Court-appointed amicus curiae is extended to and including September 28, 2015.
Sep 28 2015Brief of Court-appointed amicus curiae in support of the judgment below filed.
Oct 2 2015Motion for allocation of argument time filed by respondent Megan J. Brennan, Postmaster General (on behalf of the parties and Court-appointed amicus curiae).
Oct 5 2015Brief amici curiae of Equal Employment Advisory Council, et al. filed.
Oct 5 2015Brief amicus curiae of New England Legal Foundation filed.
Oct 9 2015SET FOR ARGUMENT on Monday, November 30, 2015
Oct 19 2015Record requested from U.S.C.A. 10th Circuit
Oct 19 2015Record from the U.S.C.A. 10th Circuit is electronic and located on PACER, with the exception of 1 Box.
Oct 27 2015CIRCULATED
Oct 28 2015Reply of petitioner Marvin Green filed. (Distributed)
Oct 28 2015Reply of respondent Megan J. Brennan, Postmaster General in support of affirmance filed. (Distributed)
Oct 30 2015Motion for allocation of argument time GRANTED.
Nov 30 2015Argued. 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.
May 23 2016Judgment 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.
Jun 24 2016JUDGMENT ISSUED