ERISA and Employee Pension Plans Babcock v. Kijakazi (U.S., January 13, 2022) (affirming determination that Babcock’s retirement benefits should be reduced (a “windfall elimination”) to reflect his receipt of both a civil-service pension and military pension payments for his work as a dual-status National Guard technician: Civil-service pension payments based on employment as a dual-status […]
Discrimination~Retaliation *Harper v. Arrow Electronics (10th Cir., December 21, 2021) (affirming summary judgement in favor of Arrow Electronics on Harper’s race- and age-discrimination, harassment, and retaliation claims: Harper did not establish a prima-facie case for any of her claims, nor did she suffer any adverse employment action) Workers Compensation~Occupational Safety & Disease Herrmann v. Salt […]
Discrimination~Retaliation *Flores v. City of Farmington (10th Cir., December 13, 2021) (affirming judgment on the pleadings and summary judgment in favor of Farmington on the plaintiffs’ claims of First-Amendment free-speech retaliation and religious discrimination: because the first defendant’s speech was made pursuant to his official duties, it did not enjoy First-Amendment protection; the second defendant’s […]
Workers’ Compensation ~ Occupational Safety and Disease *Mares v. Colorado Coalition for the Homeless (10th Cir., December 7, 2021) (affirming summary judgment for the CCH on Mares’s claim that she was fired in violation of the ADA: Mares did have approval for intermittent FMLA leave, but she she was still required to give CCH notice, […]
Discrimination~Retaliation *Benaissa v. Salina Regional Health Center, Inc. (10th Cir., December 2, 2021) (affirming summary judgment in favor of Salina on Benaissa’s Title VII discrimination and retaliation claims: The EEOC and, later, the District Court, correctly concluded that, since Benaissa was not an employee of Salina, all of his Title VII discrimination and retaliation claims […]
Discrimination~Retaliation *Rohwedder v. Rocky Mountain Pies, LLC (10th Cir., November 23, 2021) (affirming dismissal with prejudice of Rohwedder’s employment-discrimination suit: although failure to exhaust administrative remedies is no longer a jurisdictional defect, it can be and was properly raised as an affirmative defense by Rocky Mountain; Rohwedder thus failed to state a claim under 12(b)(6); […]
Discrimination ~ Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., November 8, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s ADA and Rehabilitation-Act claims: the Rehabilitation Act did not apply as no federal assistance was involved; one of her ADA claims was filed after the 300-day limit; and Edmonds-Radford failed to establish a […]
Discrimination ~ Retaliation Adams v. C3 Pipeline Construction, Inc., et al. (10th Cir., November 2, 2021) (affirming summary judgment in favor of the Plains defendants (successors to a company with whom C3 was under contract) on Adams’s Title VII sexual-harassment claim: Plains did not employ Adams or any other C3 employee and therefore could not […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Tomkins v. U.S. Department of Veterans Affairs (10th Cir., October 25, 2021) (affirming dismissal of Tompkins’ administrative procedures act and due process claims for lack of jurisdiction: the Veterans’ Benefit Act is Tompkins’ exclusive remedy, Tompkins failed to identify an applicable waiver of sovereign immunity, and […]
Discrimination~Retaliation *Garcia v. Wyoming Department of Health and Social Services (10th Cir., October 18, 2021) (affirming summary judgment in favor of the Department on Garcia’s claims of retaliation and discrimination based on disability and religion: The 11th Amendment barred her ADA claim, and she failed to demonstrate pretext on her Title VII discrimination and retaliation […]
