Vicarious Liability

Cases—March 6th through 12th, 2022

Scott Ellsworth - March 15, 2022 - 10th Circuit, Damages, Discrimination, EEOC, Miscellaneous, Pandemic Unemployment Assisstance, Retaliation, Scope of Employment, Tenth Circuit, Utah Court of Appeals, Vicarious Liability, Workers Compensation

Discrimination ~ Retaliation Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, LP (10th Cir., March 10, 2022) (among other things, reversing compensatory damages award against Roark-Whitten on the EEOC’s claims against it for unlawful employment practices: the district court failed to explain why it ordered compensatory damages in the amount of only $35,000 despite the […]

Employers May Be Liable for their Supervisors’ Misconduct Even When They Act Reasonably.

The Tenth Circuit decided in a case issued on January 12, 2009, that a Utah movie theater may be liable for its supervisor’s sexual assault of a subordinate even when (1) the theater acted reasonably under the circumstances , (2) the supervisor had no history of sexual harassment before the assault, and (3) the theater […]