Green v. Brennan’s Empirical Analysis
578 U.S. 547 · 2016
Citation profile
26 federal appellate · 22 district · 15 state decisions
Relationships
Applies 18 U.S.C. § 1703 · 33 U.S.C. § 913 · 42 U.S.C. § 2000E (§ 701 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 717 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on St. Mary's Honor Center v. Hicks · National Railroad Passenger Corporation v. Morgan · Zipes v. Trans World Airlines, Inc. · BMW of North America, Inc. v. Gore · Delaware State College v. Ricks
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 149 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[O]nly after [an employee] has a complete and present cause of action does a limitations period ordinarily begin to run. Cf. Mac's Shell Serv., Inc. v. Shell Oil Prods. Co., 559 U.S. 175 , 189-190, 130 S.Ct. 1251 , 176 L.Ed.2d 36 (2010) (the limitations period for a constructive termination of a franchise agreement starts running when the agreement is constructively terminated). In this respect, a claim that an employer constructively discharged an employee is no different from a claim that an employer actually discharged an employee. An ordinary wrongful discharge claim also has two basic elements: discrimination and discharge. See St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502 , 506, 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993) ; 1 B. Lindemann, P. Grossman, & C. Weirich, Employment Discrimination Law 21-33 (5th ed. 2012) (Lindemann) ("The sine qua non of a discharge case is, of course, a discharge[.]").”
2 later decisions quote this exact passage · from the majority“come forward with proof- proof that would often be difficult to allege plausibly- that not only was the discrimination so bad that he had to quit, but also that his quitting was his employer's plan all along.”
2 later decisions quote this exact passage · from the concurrence“A constructive discharge requires a determination that working conditions would have been so difficult or unpleasant that a reasonable person in the employee's shoes would have felt compelled to resign.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.