May 23, 2016
Partner Mark A. Konkel is quoted in the Law360 article “Attys React To High Court's Constructive Discharge Ruling.” Mr. Konkel comments on the U.S. Supreme Court’s ruling that the filing period for a constructive discharge claim starts to run when an employee resigns, as opposed to when an employer’s last act of bias spurred the resignation.
“The Green decision creates a real fact-finding challenge. It means that discrimination occurs in a constructive discharge only when employees subjectively feel that conditions are so intolerable that they are forced to go. So the snapshot a jury must consider now isn’t what an employer objectively did around the time someone quits, and whether it was objectively intolerable. Instead, the claim now arises fundamentally from the subjective reactions and inward thoughts of a plaintiff who may have waited quite a while before deciding to quit. Those subjective ‘facts’ are much harder for lawyers, courts and juries to discover.”
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