The Equal Employment Opportunity Commission gets little respect and deference from the Roberts Court in general, and from its more conservative members in particular. But Justice Samuel Alito Jr.’s frustration seemed justified Monday when he asked during arguments why the agency doesn’t “just change the rule” that’s created a deep split in the lower courts over when someone who quits a job because of illegal discrimination can bring a claim for so-called constructive discharge.
In Green v. Brennan, three lawyers—one for Marvin Green, an African-American who worked for the U.S. Postal Service for more than 30 years, one for the Obama administration and a third appointed by the justices to defend the lower court’s decision—tangled over the meaning of the EEOC’s rule.
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