Cases — December 18th through 24th, 2022

Discrimination~Retaliation *Delopez v. Bernalillo Public Schools (10th Cir., December 22, 2022) (affirming summary judgment in favor of Defendants on Delopez’s age-discrimination and constructive-discharge claims: there was no evidence of discrimination. Also, reversing summary judgment in favor of Defendants on Delopez’s state-law breach-of-contract claim: Delopez didn’t have to exhaust her administrative remedies without proper notice.) Workers […]

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Cases — December 11th through 17th, 2022

Discrimination ~ Retaliation *Bond v. Wormuth (10th Cir., December 14, 2022) (affirming summary judgment in favor of defendant on Bond’s employment discrimination claims: Bond failed to exhaust her administrative remedies.)’: Bond failed to exhaust her administrative remedies.) Public Employers~Employees *Pigeon v. Oklahoma City (10th Cir., December 14, 2022) (affirming summary judgment in favor of the […]

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Cases — November 27th through December 3rd, 2022

Discrimination~Retaliation *Flowers v. United Parcel Service, Inc. (10th Cir., November 29, 2022) (affirming summary judgment in favor of UPS on Flowers’ age discrimination and retaliation claims: Flowers failed to raise any genuine issues for trial on any of his claims) *Painter v. Midwest Health, Inc.; Pioneer Ridge Nursing Facility Operations, LLC (10th Cir., November 30, […]

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Cases — November 6th through 12th, 2022

Discrimination~Retaliation Fresquez v. BNSF Railway Co. (10th Cir., November 10, 2022) (affirming judgment and jury award in favor of Fresquez on his retaliation claims against BNSF, which fired Fresquez because of his refusal to conceal safety defects on the tracks he was employed to inspect: Fresquez’s actions were expressly protected under the Federal Railroad Safety […]

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Cases—October 30th through November 5th, 2022

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) […]

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Cases—October 16th through 22nd, 2022

Discrimination~Retaliation *Thompson v. Little America Hotel Co. (10th Cir., October 19, 2022) (affirming summary judgment in favor of Little America on Thompson’s national-origin discrimination claim: Thompson’s termination was based on her disobedience, not upon any discriminatory animus against people from Russia) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]

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Cases — September 25th through October 1st, 2022

Discrimination~Retaliation Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors) Workers Compensation ~ Occupational Safety and Disease Energy West Mining Company v. Bristow (10th Cir., […]

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Cases—September 18th through 24th, 2022

Labor Unions *Hampton v. Bakery, Confectionery & Tabacco Workers (10th Cir., September 21, 2022) (affirming dismissal, for failure to state a claim, of Hampton’s complaint alleging breach of the duty of fair representation and race discrimination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]

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Cases—September 11th through 17th, 2022

Discrimination ~ Retaliation *Crews v. Austin (10th Cir., September 12, 2022) (affirming summary judgment in favor of Crews’s employer, the Department of Defense, on her claims for Title VII retaliation, intentional infliction of emotional distress, and disability discrimination: Crews did not offer sufficient justification for her delay in seeking Rule 60(b) relief) *Braithwaite v. United […]

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Cases—September 4th through 10th, 2022

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 […]

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