Discrimination~Retaliation *Flores v. City of Farmington (10th Cir., December 13, 2021) (affirming judgment on the pleadings and summary judgment in favor of Farmington on the plaintiffs’ claims of First-Amendment free-speech retaliation and religious discrimination: because the first defendant’s speech was made pursuant to his official duties, it did not enjoy First-Amendment protection; the second defendant’s […]
Discrimination~Retaliation *Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination) ERISA and Employee Pension […]
Discrimination ~ Retaliation *Smith v. U.S. Department of Labor (10th Cir., June 12, 2019) (dismissing, as untimely, Smith’s petition for judicial review of his unsuccessful complaint under the Surface Transportation Assistance Act) Wages Parker Drilling Management Services, Ltd., v. Newton (U.S., June 10, 2019) (holding that, where federal law addresses a relevant issue—in this case, […]
Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive) Contract Andersen v. Department […]
On April 29, 2010, the Utah Court of Appeals in Juricic v. Autozone, Inc., clarified that an employer may require a certain dress standard, including specifying the colors of shirts and pants to be worn at work, without such a requirement being considered a uniform. This is significant because it forecloses an employer from being […]
Since the blog entries on January 12th, 19th, 26th, and 27th, the Utah Legislature is now considering additional bills that may affect employers and employees in Utah. House Legislation: House Bill 144, Medical Language Interpreter Act. This bill provides certification for certain types of medical language interpreters and criminalizes a person’s representation that he or […]
President Obama signed the Ledbetter Fair Pay Act this morning. Prior to the passage of the Act, an employee was required to sue within 180 days of the day that an employer decided to pay an employee a smaller wage or salary for a discriminatory reason. The problem with this prior interpretation of the law […]
