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 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 Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, […]
Discrimination ~ Retaliation *Burton v. Vectrus Systems Corporation (10th Cir., November 2, 2020) (affirming award of costs to Vectrus on Burton’s whistleblower retaliation claim: Defendant need not be awarded damages to be considered the “prevailing party” for purposes of awarding costs) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
Discrimination~Retaliation Baca v. Department of the Army (10th Cir., September 2, 2020) (affirming the Merit Systems Protection Board’s determination that Baca’s termination was not unlawful retaliation for whistleblowing: attempting to intimidate a witness into providing a false statement is not protected conduct under the Whistleblower Protection Act) *Cases marked with an asterisk are not binding […]
Discrimination ~ Retaliation *Robinson v. Barrett (10th Cir., August 7, 2020) (affirming summary judgment in favor of Barrett, the secretary of the Air Force, on Robinson’s retaliation claim: she failed to raise a genuine issue of material fact as to whether the reasons for the Air Force’s actions were pretextual) *Cejka v. Vectrus Systems Corporation […]
Discrimination ~ Retaliation *Ade v. Conklin Cars Salina, LLC (10th Cir., January 30, 2020) (affirming summary judgment in favor of Conklin on her sex discrimination and retaliatory discharge claims: Ade did not show pretext, nor did the sales contest at issue trigger whistleblower law) *Cases marked with an asterisk are not binding precedent, except under […]
Discrimination~Retaliation *Cowley v. West Valley City (10th Cir., August 20, 2019) (affirming summary judgment in favor of West Valley on Cowley’s retaliation/whistleblower claim) McGraw v. University of Utah (Utah Ct. App., August 22, 2019) (reversing denial of University’s motion to dismiss McGraw’s retaliation/whistleblower action: McGraw failed to strictly comply with the Governmental Immunity Act) *Cases […]
The Utah Legislature recently passed legislation, SB 199, requiring all public employers in the state to give a copy of the Utah Protection of Public Employees Act to all employees when they are hired and, once again, if they file a complaint or grievance alleging retaliatory action for whistleblowing. Before the amendment, an employer was […]
Discrimination/RetaliationEqual Employment Opportunity Commission v. Ali (10th Cir., December 28, 2017) (affirming judgment for Jetstream on Muslim women’s discrimination claim: disposal of records was not in bad faith; refusal to give adverse-inference instruction was not abuse of discretion) *Mottas v. Department of the Army (10th Cir., December 27, 2017) (affirming Merit Systems Protection Board denial of […]
