In the case of Green v. Brennan, Marvin Green, a former postmaster in Colorado for the United States Postal Service (USPS), alleged that he was constructively discharged due to racial discrimination and retaliation. Constructive discharge occurs when an employee resigns as a result of the employer creating a hostile work environment. After filing complaints about his treatment with USPS's Equal Employment Opportunity office, Green accepted an early retirement deal under duress from his superiors who threatened him with criminal charges related to mail delay if he did not accept it. He then filed suit against Patrick Donahoe, Postmaster General at the time (represented by Megan Brennan in court). The Supreme Court ruled 7-1 in favor of Green on May 23rd, 2016 stating that his claim was timely because it should be based on when resignation becomes effective rather than when discriminatory acts occur or are communicated.

In the dissenting opinion for Green v. Brennan, Justice Clarence Thomas argued that the majority misinterpreted the statute of limitations in Title VII cases. He believed that a constructive discharge claim accrues when an employee resigns because it is at this point that he or she can file a complete and present cause of action. However, he disagreed with the majority's view that an employee does not actually resign until after he has given notice to his employer. In his view, this interpretation was inconsistent with ordinary principles of contract law and federal employment law which state that resignation is effective upon tender unless otherwise specified by agreement between parties involved. Furthermore, Justice Thomas expressed concern over potential practical problems arising from allowing employees to delay their claims indefinitely simply by delaying giving notice of their resignation.