In a suit brought by a former U.S. Postal Service employee, alleging discrimination or retaliation in violation of Title VII of the Civil Rights Act of 1964, 29 CFR section1614.105(a)(1), the Tenth Circuit's judgment upholding the District Court's dismissal of the complaint as untimely, is reversed where: 1) because part of the "matter alleged to be discriminatory" in a constructive-discharge claim is an employee's resignation, the 45-day limitations period for such action begins running only after an employee resigns; and 2) a constructive-discharge claim accrues--and the limitations period begins to run--when the employee gives notice of his resignation, not on the effective date thereof.