Discrimination/RetaliationHansen v. Skywest Airlines (10th Cir., Dec. 21, 2016) (reversing summary judgement against Hansen on his sexual harassment, retaliation, and emotional distress claims, but affirming on his disparate treatment claim)Split Rail Fence Company, Inc. v. United States of America (10th Cir., Dec. 20, 2016) (denying Split Rail’s petition for review of ALJ decision penalizing it […]
On Tuesday, December 6th, D. Scott Crook will be a presenter in a two-day Continuing Education event hosted by the National Business Institute entitled Advanced Employment Law: What You Need to Know. Mr. Crook will be instructing on important topics for lawyers and human resource professionals: LGBT/Sexual Orientation Discrimination: Navigating the Changing Legal Landscape, and […]
Workers Compensation/Occupational Safety and Disease *Adams v. Colvin (10th Cir., October 15, 2015)(affirming finding of no disability) *Gabriel v. Colorado Mountain Medical, P.C. (10th Cir.,October 13, 2015) (affirming summary judgment against Gabriel on her Family Medical Leave Act claim) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except […]
ERISAMartinez v. the Plumbers and Pipefitters National Pension Plan (10th Cir., July 29, 2015) (upholding denial of request to convert early retirement pension to disability pension) Miscellaneous*Janczak v. Tulsa Winch (10th Cir., July 30, 2015)(reversing and remanding summary judgment against Janczak on claim of interference with FMLA leave) Discrimination and Retaliation*Didier v. Abbott Laboratories (10th Cir., July 31, 2015)(affirming summary judgement […]
Discrimination Rowe v. United Airlines (10th Cir., April 16, 2015) (affirming summary judgment in favor of United Airlines on FMLA and ADA claims and Illinois Human Rights Act based on plaintiff dishonesty) Public Employees Valencia v. City of Santa Fe (10th Cir., April 14, 2015) (upholding denial of post-judgment relief and dismissing for lack of […]
Public Employees Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff’s testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment) Discrimination/Retaliation Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in […]
In a case decided today, Dalpiaz v. Carbon County, the Tenth Circuit Court of Appeals upheld Carbon County’s decision to discharge a benefits administrator when she “acted insubordinately by choosing to submit her FMLA forms at almost the literal last minute, more than seven weeks after the county made its first request for these forms […]
In Chaplin v. Park Hospital District, Inc., the Tenth Circuit Court of Appeals ruled that a nurse who resigned her position in reliance upon her supervisor’s statement that she would likely become the new Unit Coordinator could not bring claims for disability discrimination and FMLA violations because the record established that being placed in that […]
As many employers know, the Family and Medical Leave Act was recently amended and the amendments became effective January 16, 2009. The most significant of these changes was to allow military caregivers up to 26 weeks a year of unpaid leave to assist with the care of an injured military member. Other changes included FMLA […]
As you may or may not know, beginning January 16, 2009, new administrative rules governing an employer’s duties under the Family and Medical Leave Act (FMLA) will begin to be enforced by the federal government. The regulations have made it necessary for employers to review their employee handbooks, posters, and notices to assure that they […]
