The issue the Supreme Court will decide in Green v. Donahoe is whether, under federal employment discrimination law, the filing period for a constructive discharge claim begins to run when an employee resigns or at the time of an employer's last allegedly discriminatory act giving rise to the resignation. On December 16, 2009, Postmaster Marvin Green signed a settlement agreement that he would resign and use accured leave to receive pay until March 31, 2010. Then he would either retire or accept a position for significantly less pay about 300 miles away. On February 9, 2010, he submitted his retirement papers. On March 22, 2010, he contacted an equal employment opportunity counselor about being constructively discharged in violation of Title VII of the Civil Rights Act. Federal employees must contact an EEO counselor about a discrimination charge within 45 days. The Tenth Circuit held that Green had 45 days from the last alleged act of discrimination (here December 16) not from when he resigned to contact the EEO office. The regulation which states federal employees “must initiate contact with a Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action” focus on discriminatory acts.