UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

_________________________________ 

MARVIN GREEN, 

 Plaintiff - Appellant, 

v. 

MEGAN J. BRENNAN, Postmaster 

General, United States Postal Service, 

 Defendant - Appellee. 

No. 13-1096 

(D.C. No. 1:10-CV-02201-LTB-KMT) 

(D. Colo.) 

_________________________________ 

ORDER AND JUDGMENT*

_________________________________ 

Before HARTZ, McKAY, and MATHESON, Circuit Judges. 

_________________________________ 

This matter is before us on remand from the Supreme Court. Appellant Marvin 

Green was a postmaster with the U.S. Postal Service. He sued the Postmaster General 

under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., claiming five 

acts of retaliation against him for making employment-discrimination claims: a letter 

notifying him to attend an investigative interview, the investigative interview itself, a 

threat of criminal charges, an alleged constructive discharge, and his placement on unpaid 

 

*

 After examining the briefs and appellate record, this panel has determined unanimously 

that oral argument would not materially assist in the determination of this appeal. See

Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted 

without oral argument. This order and judgment is not binding precedent, except under 

the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, 

however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 

32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

October 24, 2016

Elisabeth A. Shumaker 

Clerk of Court

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leave (an emergency placement). In Green v. Donahoe, 760 F.3d 1135, 1147 (10th Cir. 

2014), we affirmed the district court’s dismissal of the first four claims but reversed the 

district court’s grant of summary judgment in favor of the Postmaster General on the 

emergency-placement claim. We affirmed the dismissal of the constructive-discharge 

claim as untimely because Mr. Green failed to contact the Equal Employment 

Opportunity Office within 45 days after his employer’s last discriminatory act. See id. at 

1145. 

In Green v. Brennan, 136 S. Ct. 1769, 1782 (2016), the Supreme Court reversed 

our judgment solely with respect to the constructive-discharge claim, holding that “a 

constructive-discharge claim accrues—and the limitations period begins to run—when 

the employee gives notice of his resignation.” The Court left open the question of when 

Mr. Green gave notice of his resignation, noting: 

The Government argues that Green resigned on December 16, 2009—

when he signed the settlement agreement—and that his claim is 

therefore still time barred. Green argues that he did not resign until 

February 9, 2010—when he submitted his retirement paperwork—and 

that his claim is therefore timely. 

Id.

 We agree with Mr. Green. The settlement agreement did not constitute a 

definitive notice of resignation because it provided that Mr. Green could still choose to 

continue his employment with the Postal Service by reporting for duty in Wyoming. He 

did not give such notice until submitting retirement paperwork on February 9, 2010. We 

therefore vacate that portion of our prior opinion holding the constructive-discharge 

claim untimely, and reinstate the remainder of the opinion. 

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 We AFFIRM the district court’s dismissal of the claims based on the investigativeinterview letter, the investigative interview itself, and the threat of criminal charges. We 

REVERSE summary judgment for the Postmaster General on the constructive-discharge 

and emergency-placement claims, and we REMAND for proceedings consistent with our 

prior decision as modified by the Supreme Court. 

Entered for the Court 

Harris L Hartz 

Circuit Judge 

Appellate Case: 13-1096 Document: 01019709341 Date Filed: 10/24/2016 Page: 3