Discrimination ~ Retaliation
Our Lady of Guadalupe School v. Morrissey-Berru (U.S., July 8, 2020) (reversing judgment in favor of plaintiffs on their disability- and age-discrimination claims: as employees of religious institutions, the First Amendment’s religion clauses foreclose the adjudication of their employment-discrimination claims)
*Wilson v. Textron Aviation, Inc. (10th Cir., July 8, 2020) (affirming summary judgment in favor of Textron: there was insufficient evidence of racial discrimination; Wilson failed to raise disability discrimination sufficiently; and he failed to show pretext to prove retaliation)
ERISA
*Manna v. Phillips 66 Company (10th Cir., July 8, 2020) (affirming summary judgment in favor of Phillips 66 on manna’s ERISA and ADA claims: his severance was not arbitrary or capricious; he failed to demonstrate that he could be regarded-as-disabled; he made no prima facie showing of disability; nor was Phillips 66’s stated reason for the termination pretextual)
Workers Compensation ~ Occupational Safety and Disease
*Kimes v. Commissioner, SSA (10th Cir., July 6, 2020) (reversing denial of disability benefits: declining to order an award, but remanding to a different ALJ for a proper determination of what other jobs Kimes could perform)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
