Cases — May 13th through 19th, 2018

Discrimination/RetaliationFassbender v. Correct Care Solutions, LLC (10th Cir., May 15, 2018) (reversing summary judgment in favor of Fassbender on her pregnancy discrimination claim but affirming summary judgment on her retaliation claim as CCS’s explanation could reasonably be seen as pretextual)MiscellaneousXyngular v. Schenkel (10th Cir., May 15, 2018) (affirming imposition of sanctions for prelitigation conduct)

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Employers Can Rest A Bit Easier: EEOC Subpoena Power Does Have Limits

In a decision issued on February 27, 2017, the Tenth Circuit Court of Appeals, the federal appellate court with jurisdiction over Utah, ruled that an employer justifiably refused to comply with an EEOC subpoena that sought information in an investigation into company-wide discrimination spurred by what the EEOC alleged was a company’s admission of wrongdoing […]

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Cases — February 26th through March 4th

Discrimination/RetaliationEEOC v. Tricore Reference Laboratories (10th Cir., February 27, 2017) (affirming federal district court refusal to enforce a subpoena seeking disclosure of information as to individual’s charge of disability and pregnancy discrimination)Workers Compensation/Occupational Safety and DiseaseVallejo v. Berryhill (10th Cir., February 28, 2017) (remanding disability decision to the district court to address remaining arguments and […]

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Cases — December 11th through 17th

Contract/Noncompete/Trade Secret/Wrongful Termination*Coleman v. Utah State Charter School Board (10th Cir., December 16, 2016) (affirming summary judgment in favor of the Board because its members were entitled to qualified immunity)Discrimination/Retaliation*Jackson v. J.R. Simplot Co. (10th Cir., Dec. 15, 2016) (affirming summary judgment in favor of Simplot on Jackson’s pregnancy discrimination claim, under the McDonnell Douglas […]

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United States Supreme Court Agrees that Pension Plan that Pays Benefits based on Unequal Credits Given to Pregnant Women is Lawful.

On Monday, May 18, the United States Supreme Court ruled that a pension plan that paid out benefits to pension receipients based upon calculations that did not equally credit women who had taken pregnancy leave prior to the Pregnancy Discrimination Act (PDA) were not presently violating the Pregnancy Discrimination Act. The Court explained in its […]

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