Discrimination ~ Retaliation Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, LP (10th Cir., March 10, 2022) (among other things, reversing compensatory damages award against Roark-Whitten on the EEOC’s claims against it for unlawful employment practices: the district court failed to explain why it ordered compensatory damages in the amount of only $35,000 despite the […]
Discrimination~Retaliation *Jim v. Shiprock Associated Schools, Inc. (10th Cir., November 10, 2020) (affirming summary judgment in favor of Shiprock on Jim’s discrimination claim: the Equal Employment Opportunities Act includes an exception for Indian Tribes; here, the corporation constitutes an “indian tribe” because of its many links to the Navajo Nation) *Cases marked with an asterisk […]
Discrimination ~ Retaliation *EEOC v. Centura Health (10th Cir., June 28, 2019) (affirming an EEOC administrative subpoena: when investigating discrimination charges, the EEOC may obtain evidence relating to unlawful employment practices, and pattern-or-practice evidence was held relevant to the individual charges) Workers Compensation ~ Occupational Safety & Disease *Martinez v. Commissioner (10th Cir., June 28, […]
Businesses throughout this country—whether small, medium, or large—are busy trying to make money by providing goods and services to their customers and clients. Charities, schools, governmental entities are also trying to provide services to their constituencies to help them. It is fair to say that all such organizations—at least the ones that intend to survive—are […]
Discrimination/Retaliation EEOC v. College America Denver, Inc. (10th Cir., September 5, 2017) (reversing dismissal as moot of unlawful-interference claim) Workers Compensation/Occupational Safety and Disease Par Electrical v. Labor Commission (Utah Ct. App., September 8, 2017) (declining to disturb Commission affirmance of ALJ order awarding disability compensation under the Workers’ Compensation Act for 2006 work accident: […]
Discrimination/Retaliation*Cash v. Lockheed Martin Corporation (10th Cir., April 13, 2017) (affirming summary judgment in favor of Lockheed because Cashfailed to raise a genuine issue of material fact as to whether he was fired because of discrimination or retaliation)EEOC v. BNSF Railway Company (10th Cir., April 11, 2017) (affirming summary judgment in favor of BNSF because […]
Discrimination/RetaliationMcLane Co., Inc., v. Equal Employment Opportunity Commission (U.S. Supreme Court, April 3, 2017) (reversing 9th Circuit de novo review and reversal of district court refusal to enforce EEOC subpoenas: such a decision must be reviewed for abuse of discretion, not de novo)*Clincy v. Transunion, LLC (10th Cir., April 4, 2017) (affirming summary judgement in […]
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 […]
Contract/Noncompete/Trade Secret/Wrongful Termination Hollenbach v. Salt Lake City Corporation (Utah, April 7, 2016) (reversing Civil Service Commission determination that it lacked jurisdiction over Hollenbach’s termination appeal because filing applies upon mail cancellation)Discrimination/Retaliation*Tuffa v. Flight Services & Systems, Inc. (10th Cir., April 5, 2016) (affirming exclusion of EEOC letter as to possible discrimination in the termination […]
Workers Compensation/Occupational Safety and Disease *Rivera v. Colvin (10th Cir., October 20, 2015)(affirming denial of social security benefits) *Pham v. James (10th Cir., October 20, 2015)(affirming dismissal of Pham’s Title VII EEOC claims—workplace harassment based on disability and retaliation—for failure to exhaust his administrative remedies) *Hays v. Colvin (10th Cir., October 22, 2015) (reversing and remanding denial of […]
