Discrimination~Retaliation *Kahler v. Walmart, Inc. (10th Cir., January 3, 2023) (affirming dismissal of Kahler’s complaint for retaliation, wrongful termination, and failure to rehire: Kahler’s only claims not barred by res judicata fail to state a cause of action) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the […]
Discrimination~Retaliation *Delopez v. Bernalillo Public Schools (10th Cir., December 22, 2022) (affirming summary judgment in favor of Defendants on Delopez’s age-discrimination and constructive-discharge claims: there was no evidence of discrimination. Also, reversing summary judgment in favor of Defendants on Delopez’s state-law breach-of-contract claim: Delopez didn’t have to exhaust her administrative remedies without proper notice.) Workers […]
Discrimination~Retaliation *Flowers v. United Parcel Service, Inc. (10th Cir., November 29, 2022) (affirming summary judgment in favor of UPS on Flowers’ age discrimination and retaliation claims: Flowers failed to raise any genuine issues for trial on any of his claims) *Painter v. Midwest Health, Inc.; Pioneer Ridge Nursing Facility Operations, LLC (10th Cir., November 30, […]
Discrimination~Retaliation Fresquez v. BNSF Railway Co. (10th Cir., November 10, 2022) (affirming judgment and jury award in favor of Fresquez on his retaliation claims against BNSF, which fired Fresquez because of his refusal to conceal safety defects on the tracks he was employed to inspect: Fresquez’s actions were expressly protected under the Federal Railroad Safety […]
Discrimination~Retaliation *Tracy v. Vail Resorts, Inc. (10th Cir., November 1, 2022) (affirming dismissal of Tracy’s claims of discrimination and retaliation against Vail for terminating him for his disclosure of unsafe conditions at Vail: Tracy did not meet his initial burden for a discrimination claim under Title VII; nor did he present a plausible retaliation claim) […]
Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]
Discrimination ~ Retaliation *Crews v. Austin (10th Cir., September 12, 2022) (affirming summary judgment in favor of Crews’s employer, the Department of Defense, on her claims for Title VII retaliation, intentional infliction of emotional distress, and disability discrimination: Crews did not offer sufficient justification for her delay in seeking Rule 60(b) relief) *Braithwaite v. United […]
Discrimination~Retaliation Sorenson v. Wadsworth Brothers Construction Company (10th Cir., September 9, 2022) (affirming summary judgment in favor of Wadsworth on Sorenson’s retaliation claim based on the whistleblower provisions of the federal false claims act: Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and failed to […]
Discrimination~Retaliation *Bisconte v. Sandia National Laboratories (10th Cir., August 31, 2022) (affirming summary judgment in favor of Sandia on Bisconte’s state law claims claims for discrimination and retaliation: Sandia operates predominately on an air force base in a federal enclave; Bisconte’s claims rely on state law adopted after the enclave was created, and are thus […]
Discrimination~Retaliation *Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias) Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but […]
