454 U.S. 6
102 S.Ct. 28
70 L.Ed.2d 6
Carlos CHARDON, Individually, et al.v.Rafael Rivera FERNANDEZ et al.*
No. 81-249.
Nov. 2, 1981.
Rehearing Denied Jan. 11, 1982.

See 454 U.S. 1166, 102 S.Ct. 1042.
PER CURIAM.


1
Respondents were nontenured administrators in the Puerto Rico Department of Education during the 1976-1977 school year.1  On dates prior to June 18, 1977, each respondent was notified by letter that his appointment would terminate at a specified date between June 30 and August 8, 1977.  On June 19, 1978, Rafael Rivera Fernandez filed a complaint alleging that the terminations violated 42 U.S.C. § 1983.  The District Court dismissed the suit, holding that the action had accrued on the date the employees received the letters and that the claims were therefore barred by the applicable 1-year statute of limitations, P.R. Laws Ann., Tit. 31, § 5298(2) (1968).  The Court of Appeals for the First Circuit reversed on the ground that the limitations period did not begin running until respondents' appointments ended.  648 F.2d 765 (1981).


2
The decision below is contrary to a recent decision of this Court:  Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980).  In that case, Ricks filed suit alleging that the denial of tenure at a state college deprived him of his rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and under 42 U.S.C. § 1981.  And we held that the applicable limitations periods began to run when Ricks was denied tenure, rather than on the date his employment terminated.  His action was, therefore, time-barred.


3
The Court of Appeals for the First Circuit distinguished Ricks on the ground that Ricks had alleged that denial of tenure was the "unlawful employment practice," whereas here respondents allege that termination of their employment as administrators was the "unlawful employment practice." We think Ricks is indistinguishable.  When Ricks was denied tenure, he was given a 1-year "terminal" contract.  Thus, in each case, the operative decision was made—and notice given—in advance of a designated date on which employment terminated.2


4
In Ricks, we held that the proper focus is on the time of the discriminatory act, not the point at which the consequences of the act become painful.  449 U.S., at 258, 101 S.Ct., at 504.  The fact of termination is not itself an illegal act.  In Ricks, the alleged illegal act was racial discrimination in the tenure decision.  Id., at 259, 101 S.Ct., at 504.  Here, respondents allege that the decision to terminate was made solely for political reasons, violative of First Amendment rights.  There were no other allegations, either in Ricks or in these cases, of illegal acts subsequent to the date on which the decisions to terminate were made.  As we noted in Ricks, "[m]ere continuity of employment, without more, is insufficient to prolong the life of a cause of action for employment discrimination."  Id., at 257, 101 S.Ct., at 504.  In the cases at bar, respondents were notified, when they received their letters, that a final decision had been made to terminate their appointments.  The fact that they were afforded reasonable notice cannot extend the period within which suit must be filed.  We therefore grant certiorari.  The judgments entered below on May 8, 1981, and June 11, 1981, are reversed, and the cases are remanded for further proceedings consistent with this decision.


5
Reversed and remanded.    Justice BRENNAN, with whom Justice MARSHALL joins, dissenting.


6
While I agree with the analysis of Judge Campbell for the Court of Appeals, and therefore join in the dissenting opinion of Justice STEVENS, I believe this per curiam disposition is particularly ill-conceived.


7
It is one thing to hold, as was held in Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980), that for the purpose of computing the limitations period, a cause of action for denial of a benefit such as tenure, and consequent damage, accrues when the plaintiff learns that he has been denied that benefit;  it is quite another to hold, as the Court does here, that a cause of action for damages resulting from an unconstitutional termination of employment accrues when the plaintiff learns that he will be terminated.  To my knowledge, such a rule has no analogue in customary principles of limitations law.  See 4 A. Corbin, Contracts § 989 (1951) ("The plaintiff should not be penalized for leaving to the defendant an opportunity to retract his wrongful repudiation;  and he would be so penalized if the statutory period of limitation is held to begin to run against him immediately").


8
The thrust of the Court's decision is to require a potential civil rights plaintiff to measure the time for filing his claim from the moment some form of injunctive relief first becomes available.  The effect of this ruling will be to increase the number of unripe and anticipatory lawsuits in the federal courts lawsuits that should not be filed until some concrete harm has been suffered, and until the parties, and the forces of time, have had maximum opportunity to resolve the controversy.


9
Because this case is plainly distinguishable from Ricks, and the decision potentially far-reaching in its impact, the issue should be decided only upon plenary review.  The Court's summary reversal is therefore particularly inappropriate, and I respectfully dissent.


10
Justice STEVENS, with whom Justice BRENNAN and Justice MARSHALL join, dissenting.


11
After noting that most judges who have confronted the issue have reached a conclusion at odds with the Court's holding today, Judge Campbell, writing for the Court of Appeals, cogently explained why the decision in Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431, is not dispositive and should not be followed in this case:


12
"The issue of when the cause of action accrues depends,      we believe, on when the alleged unlawful act occurred.  It is      necessary, therefore, to identify the unlawful act.  Where,      as here, the claim is that an employment decision was made      for a prohibited reason, it could be argued that the unlawful      act was the making of the decision, rather than the      implementation of it.  But we think such a refined rule would      depart too sharply from the understanding of ordinary people.      The plaintiffs in these cases are complaining that they were      demoted or discharged, not merely that a decision was made on      a particular occasion, of which notice was then given, to      take such action against them.  Had the decision been made      but not yet implemented, equitable relief might have been      sought to forestall irreparable harm, but it is unlikely that      plaintiffs would have sought or received damages until or      unless the threatened action was consummated.  The alleged      unlawful act was revocable, incomplete and, for practical      purposes, non-existent until the actual demotion or      discharge.


13
"Moreover, important policies of judicial administration      favor a rule based on the date of implementation.  While the      date of notice in the present cases was easily established,      other cases would surely arise in which resolution of that      question would require lengthy proceedings.  Notice might be      oral, or it might be ambiguously phrased, or it might be      transmitted by one whose authority is subject to question.  We see no value in requiring      courts and parties to devote their resources to litigating      the adequacy of notice, when the date of the action itself is      easily determined.  In saying this we are aware that the      Supreme Court has declined to reach out for an easily      identified date when that date bears no genuine relationship      to the act of which plaintiff complains.  Compare Delaware      State College v. Ricks [449 U.S. 250, 101 S.Ct. 498, 66      L.Ed.2d 431] (1980) (date of termination not sufficiently      connected to the challenged denial of tenure), discussed      infra.  But where, as here, the date that is most closely      related to the plaintiffs' claim is also the date most easily      identified, we think concern for adoption of the rule that      best promotes certainty and eliminates litigation over      technical niceties is well warranted.


14
"After the district court's decision of these cases, the      Supreme Court decided Delaware State College v. Ricks, supra.      Defendants contend that that decision compels affirmance      here.  We disagree.  Ricks, a black Liberian instructor, was      informed in June 1974 that the faculty of Delaware State      College had voted to deny him tenure.  In accordance with the      school's usual practice, he was thereafter granted a one-year      terminal contract, after which his employment with the school      ended.  In his suit alleging discrimination on the basis of      national origin, Ricks contended that the limitations period      under Title VII began to run only when he left the university      in June 1975.  The Supreme Court rejected this argument and      concluded that Ricks' cause of action had accrued when he was      notified of the denial of tenure, in June 1974, and that his      suit was therefore barred.  The Court focussed on the      allegations of Ricks' complaint, which it found to charge      discrimination in the denial of tenure, not in the discharge      or any other subsequent action.  The Court held that the      denial of tenure was the 'unlawful employment practice'      within the meaning of Title VII, and that the date of that action was therefore the      beginning of the limitations period.  Three justices, in      dissent, accepted the majority's analysis (i. e., that denial      of tenure, not discharge, was the unlawful employment      practice) but placed the denial of tenure at a later date      because of the later decision of an internal grievance board.      Justice Stevens, alone among the justices, took the view that      denial of tenure is analogous to advance notice of discharge.      Based on that analogy, he argued that the date of discharge      should control.


15
"Refusal of the Ricks majority to adopt Justice Stevens'      analogy does not seem to us in any way to repudiate the      precedents to which he sought to draw an analogy.  The      majority held merely that the denial of tenure in the      academic setting is fundamentally different from a notice of      discharge;  it is a distinct and separate employment action,      with important and far-reaching consequences for all aspects      of the employee's status.  While denial of tenure is often      followed by discharge, it is not always, and the consequences      of denial of tenure are not dependent on its being followed      by discharge.  The Court found that Ricks' complaint was      based on the denial of tenure, which was effective      immediately;  it followed, therefore, that the limitations      period began as soon as Ricks received notice of that action.      Here, plaintiffs complain of discharges and demotions, not of      any distinct event that occurred on an earlier date.  The      letters notifying them of the planned actions were notice and      nothing more;  they were not actions in themselves comparable      to the denial of tenure.


16
"To be sure, as we have said, one can argue that the      notices themselves mirror the allegedly discriminatory      motives of the defendants.  One can also argue that a suit      for injunctive relief might lie after receipt of notice (or,      indeed, even before) to forestall threatened irreparable      harm.  Still plaintiffs' quarrel is with their demotions and discharges—not with the notices themselves.  No      actual harm is done until the threatened action is      consummated.  Until then, the act which is the central focus      of the plaintiffs' claim remains incomplete.  Such was not      the situation in Ricks, where the denial of tenure was itself      the completed act being challenged.


17
"We conclude, therefore, that Ricks is inapplicable to      these cases, and that the district court erred in dismissing      the complaints."  648 F.2d 765, 768-770 (CA1 1981) (footnotes      omitted).


18
For the reasons stated by the Court of Appeals, I respectfully dissent.



*
 Together with Chardon, Secretary of Public Education of Puerto Rico, et al. v. Rodriguez;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Santiago de Orta;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Angiuta de Rios;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Sanchez;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Santana;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Perez-Ramirez;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Roman de Molina; Chardon, Secretary of Public Education of Puerto Rico, et al. v. Collazo;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Garcia;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Lopez de Ferra;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Beltran;  Chardon, Secretary of Public Education of Puerto Rico, et al. v. Cacho de Freytes;  and Chardon, Secretary of Public Education of Puerto Rico, et al. v. Navarro, also on petition for certiorari to the same court (see this Court's Rule 19.4).


1
 Petitioners request a writ of certiorari to the Court of Appeals for the First Circuit to review a total of 14 judgments entered in favor of 36 respondents.  The published decision, discussed in text, represents one judgment in a suit brought by 23 respondents;  that decision was issued May 8, 1981.  See 648 F.2d 765 (1981).  Identical individual judgments in favor of the other 13 respondents were issued on June 11, 1981.  See App. to Pet. for Cert. 11a (unpublished orders).


2
 Delaware State College had a policy of giving a final 1-year contract to teachers who were denied tenure.  Only when that contract expired, did the "employment relationship en[d]." 449 U.S., at 253, 101 S.Ct., at 501.  Apparently, the practice of the Puerto Rico Department of Education was similar in principle. Following a decision to terminate, the actual ending of employment was deferred to a designated date.  Advance notice of termination is a customary and reasonable employment practice which affords the employee an opportunity to find another job.


