Green v. Brennan

Last updated

Green v. Brennan
Seal of the United States Supreme Court.svg
Argued November 30, 2015
Decided May 23, 2016
Full case nameMarvin Green, Petitioner v. Megan J. Brennan, Postmaster General
Docket no. 14-613
Citations578 U.S. 547 ( more )
136 S. Ct. 1769; 195 L. Ed. 2d 44
Opinion announcement Opinion announcement
Holding
When filing a workplace discrimination complaint under Title VII of the Civil Rights Act of 1964, the filing period begins only after an employee resigns. The filing period begins at the time that the employee gives notice of resignation, not the effective date of resignation.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy  · Clarence Thomas
Ruth Bader Ginsburg  · Stephen Breyer
Samuel Alito  · Sonia Sotomayor
Elena Kagan
Case opinions
MajoritySotomayor, joined by Roberts, Kennedy, Ginsburg, Breyer, Kagan
ConcurrenceAlito (in judgment)
DissentThomas
Laws applied
Title VII of the Civil Rights Act of 1964

Green v. Brennan, 578 U.S. 547 (2016), was a United States Supreme Court case in which the Court held that when filing a workplace discrimination complaint under Title VII of the Civil Rights Act of 1964, the filing period begins only after an employee resigns. The filing period begins at the time that the employee gives notice of resignation, not the effective date of resignation. [1] [2]

Contents

Background

Marvin Green was denied a promotion at the United States Postal Service. He alleged that he was denied the promotion because he was black and U.S.P.S. counter-alleged that Green had engaged in the crime of intentionally delaying the mail. [2]

Opinion of the Court

Associate Justice Sonia Sotomayor authored the Court's decision. [2]

Related Research Articles

Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), was a case in which the US Supreme Court ruled that an implied cause of action existed for an individual whose Fourth Amendment protection against unreasonable search and seizures had been violated by the Federal Bureau of Narcotics. The victim of such a deprivation could sue for the violation of the Fourth Amendment itself despite the lack of any federal statute authorizing such a suit. The existence of a remedy for the violation was implied by the importance of the right violated.

Wal-Mart v. Dukes, 564 U.S. 338 (2011), was a United States Supreme Court case in which the Court ruled that a group of roughly 1.5 million women could not be certified as a valid class of plaintiffs in a class-action lawsuit for employment discrimination against Walmart. Lead plaintiff Betty Dukes, a Walmart employee, and others alleged gender discrimination in pay and promotion policies and practices in Walmart stores.

A contraceptive mandate is a government regulation or law that requires health insurers, or employers that provide their employees with health insurance, to cover some contraceptive costs in their health insurance plans.

United States v. Bormes, 568 U.S. 6 (2012), is a decision by the Supreme Court of the United States holding that the Little Tucker Act, which provides jurisdiction to federal courts for certain claims brought against the federal government, does not apply to lawsuits brought under the Fair Credit Reporting Act (FCRA).

Rutan v. Republican Party of Illinois, 497 U.S. 62 (1990), was a United States Supreme Court decision that held that the First Amendment forbids a government entity from basing its decision to promote, transfer, recall, or hire low-level public employees based upon their party affiliation.

Burwell v. Hobby Lobby Stores, Inc., 573 U.S. 682 (2014), is a landmark decision in United States corporate law by the United States Supreme Court allowing privately held for-profit corporations to be exempt from a regulation that its owners religiously object to, if there is a less restrictive means of furthering the law's interest, according to the provisions of the Religious Freedom Restoration Act of 1993. It is the first time that the Court has recognized a for-profit corporation's claim of religious belief, but it is limited to privately held corporations. The decision does not address whether such corporations are protected by the free exercise of religion clause of the First Amendment of the Constitution.

<span class="mw-page-title-main">Washington State Department of Health</span> Washington state agency, headquartered in Olympia, Washington

The Washington State Department of Health is a state agency of Washington. It is headquartered in Olympia, Washington. The agency was created by the state legislature in May 1989 after splitting from the Washington State Department of Social and Health Services.

Friedrichs v. California Teachers Association, 578 U.S. ___ (2016), is a United States labor law case that came before the Supreme Court of the United States. At issue in the case was whether Abood v. Detroit Board of Education (1977) should be overruled, with public-sector "agency shop" arrangements invalidated under the First Amendment, and whether it violates the First Amendment to require that public employees affirmatively object to subsidizing nonchargeable speech by public-sector unions, rather than requiring employees to consent affirmatively to subsidizing such speech. Specifically, the case concerned public sector collective bargaining by the California Teachers Association, an affiliate of the National Education Association.

Zubik v. Burwell, 578 U.S. ___ (2016), was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the United States Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the Supreme Court vacated the Court of Appeals ruling in Zubik v. Burwell and the six cases it had consolidated under that title and returned them to their respective courts of appeals for reconsideration.

Nichols v. United States, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the Sex Offender Registration and Notification Act (SORNA) does not require an individual to update his registration after departing a state.

Welch v. United States, 578 U.S. 120 (2016), was a United States Supreme Court case in which the Court ruled that the decision in Johnson v. United States announced a substantive rule change and is therefore retroactive.

Heffernan v. City of Paterson, 578 U.S. ___ (2016), was a United States Supreme Court case in 2016 concerning the First Amendment rights of public employees. By a 6–2 margin, the Court held that a public employee's constitutional rights might be violated when an employer, believing that the employee was engaging in what would be protected speech, disciplines them because of that belief, even if the employee did not exercise such a constitutional right.

Spokeo, Inc. v. Robins, 578 U.S. 330 (2016), was a United States Supreme Court case in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. The Court did not discuss whether "the Ninth Circuit’s ultimate conclusion — that Robins adequately alleged an injury in fact — was correct."

Foster v. Chatman, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the state law doctrine of res judicata does not preclude a Batson challenge against peremptory challenges if new evidence has emerged. The Court held the state courts' Batson analysis was subject to federal jurisdiction because "[w]hen application of a state law bar 'depends on a federal constitutional ruling, the state-law prong of the court’s holding is not independent of federal law, and our jurisdiction is not precluded,'" under Ake v. Oklahoma.

Luna Torres v. Lynch, 578 U.S. 452 (2016), was a United States Supreme Court case in which the Court decided the interpretation of section 1101(a)(43) of the federal Immigration and Nationality Act (INA), which includes "aggravated felony" as a possible reason for deporting a non-citizen. The INA specifies certain offenses described in the federal criminal code as qualifying as an aggravated felony. The question before the court was if the plaintiff Jorge Luna Torres, who had been convicted under a state arson statute mostly identical to the federal statute but lacking an interstate or foreign commerce element in the federal law, fell under this definition of aggravated felony. The Court affirmed the U.S. Court of Appeals for the Second Circuit original decision: the difference was merely "jurisdictional", and Torres still qualified for the accelerated deportation process described under the INA.

Simmons v. Himmelreich, 578 U.S. ___ (2016), was a United States Supreme Court case regarding inmates suing under the Federal Tort Claims Act (FTCA).

Lane v. Franks, 573 U.S. 228 (2014), is a U.S. Supreme Court case involving public employee's freedom of speech rights. Edward Lane sued Steve Franks for unfairly firing him, out of retaliation for sworn testimony Lane gave during a federal fraud case. The Eleventh Circuit originally ruled in favor of Franks, “denying [Lane] first amendment protection to subpoenaed testimony”. The case was argued before the Supreme Court on April 28, 2014. The case was decided on June 19, 2014.

Elrod v. Burns, 427 U.S. 347 (1976), is a United States Supreme Court decision regarding political speech of public employees. The Court ruled in this case that public employees may be active members in a political party, but cannot allow patronage to be a deciding factor in work related decisions. The court upheld the decision by the 7th Circuit Court of Appeals ruling in favor of the respondent.

Babb v. Wilkie, 589 U.S. ___ (2020), is a case of the United States Supreme Court in which the justices considered the scope of protections for federal employees in the Age Discrimination in Employment Act of 1967. Specifically, the Court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. However, establishing but for causation is still necessary in determining the appropriate remedy. If a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the result of the employment decision.

Before Election Day of the 2020 United States presidential election, lawsuits related to the voting process were filed in various states. Many of these lawsuits were related to measures taken by state legislatures and election officials in response to the COVID-19 pandemic.

References

  1. SCOTUSblog coverage (Archive)
  2. 1 2 3 Green v. Brennan, No. 14–613, 578 U.S. 547 (2016).