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When does a claim like that accrue (triggering the 45-day period)? You have a few choices... the date of the last discriminatory act; the effective date of the resignation; or the date of notice of resignation. We have an answer (bragging time: I totally called it!):
[W]e hold that a constructive-discharge claim accrues—and the limitations period begins to run— when the employee gives notice of his resignation.Off the top of my head, I can't think of any reason why this analysis would not hold for analyzing the running of the statute of limitations in similar discrimination claims against private employers (but candidly admit that I have not had occasion to fully research that issue).
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