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at issue here is when the limitations period starts running on the time to file a Title 7 constructive discharge claim with the EEOC and the Supreme Court here has held at the time to start the time that the clock starts ticking is when the employee gives notice of resignation as opposed to the last discriminatory act that occurs and the court based its reasoning on the fact that a constructive discharge cause of action accrues upon resignation so kind of makes sense that the limitations period would start to run from the date themed employee gives notice of resignation so why does that matter here for employers I think a couple of things one this case involved a public sector employee and therefore there was a 45-day filing period this will though apply the private sector as well we can tell based on the language in the courts decision so a private sector employee will have 180 or 300 days if were in a state where the state agency like New York to file his or her constructive discha
