The Supreme Court of the United States issued decisions in three cases today:
Green v. Brennan, No. 14-613: Before a federal civil servant can sue his employer for a Title VII violation, he must “initiate contact” with an Equal Employment Opportunity counselor “within 45 days of the date of the matter alleged to be discriminatory.” 29 C.F.R. §1614.105(a)(1). Here, Petitioner Marvin Green, a postal worker, was accused by his supervisors of the crime of intentionally delaying the mail after he complained that he was denied a promotion because he was black. The two sides signed an agreement on December 16, 2009, where the Postal Service agreed not to pursue criminal charges, and Green agreed to either retire or accept another position for less money at another location. Green chose retirement, submitting his paperwork on February 9, 2010, with an effective date of March 31. On March 22, Green reported an unlawful constructive discharge to an Equal Employment Opportunity counselor, and he later brought a lawsuit. The District Court denied Green’s complaint as untimely under the 45-day requirement and the Tenth Circuit affirmed, holding that the 45-day limitations period began to run from the date Green signed the agreement with the Postal Service, rather than the day he resigned. The Court today vacated and remanded, holding that the “matter alleged to be discriminatory” includes the employee’s resignation, and that the 45-day clock for a constructive discharge begins running only after the employee resigns.
The Court's decision is available here.
Wittman v. Personhuballah, No. 14-1504: Ten Congressional members from Virginia intervened before the District Court and appealed a three-judge panel’s striking of a congressional redistricting plan applicable to the upcoming November 2016 election. The Court today dismissed the appeal, concluding that the intervenors lacked standing. Only three of the ten Representatives alleged that they had standing, and the Court concluded that those three had not provided any evidence to that effect, thus making it unnecessary for the Court to decide when, or whether, evidence of the kind of injury they alleged would prove sufficient for purposes of Article III’s requirements.
The Court's decision is available here.
Foster v. Chatman, No. 14-8349: Approximately thirty years ago, Petitioner Timothy Foster was convicted of capital murder and sentenced to death in Georgia state court. Foster’s argument that the State’s peremptory strikes against all four of the black prospective jurors violated Batson v. Kentucky, 476 U.S. 79 (1986) was rejected both by the trial court and Georgia Supreme Court. While Foster sought habeas review, additional documents were produced by the State related to jury selection that made numerous references to race and focused on black prospective jurors. The state habeas court, however, found the Batson claim to be without merit, determining that Foster had failed to demonstrate purposeful discrimination. The Georgia Supreme Court, in turn, ruled that Foster’s claim had no arguable merit. The Court today reversed, first determining as a threshold matter that it had jurisdiction, and then holding that the state court’s factual findings were clearly erroneous, where the focus on race in the prosecution’s file plainly demonstrates a concerted effort to keep black prospective jurors off the jury.
The Court's decision is available here.