Cases — September 12th through 18th, 2021

Discrimination~Retaliation

Edmonds-Radford v. Southwest Airlines Co. (10th Cir., September 16, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s disparate treatment, failure to accommodate, and retaliation claims: Edmonds-Radford failed to establish that her disability was a determining factor in her termination)

Brown v. Austin (10th Cir., September 15, 2021) (affirming summary judgment for defendant Department of Defense: Brown failed to establish the material elements of his various discrimination claims and failed to allege a prima facie case of retaliation, disparate treatment, or constructive discharge)

*Delaney v. Lowe’s Home Center, LLC (10th Cir., September 15, 2021) (affirming summary judgment in favor of Lowe’s on Delaney’s claims for employment discrimination based on age and disability: Delaney failed to preserve several of the issues he raised and did not argue plain error; moreover, he did not show reversible error in the district court’s grant of summary judgment)

*Jacobs v. Aimbridge Hospitality (10th Cir., September 14, 2021) (affirming denial of Jacobs’ request to proceed in forma pauperis on her employment discrimination claim: Jacobs’ motion lacked any reasoned, nonfrivolous argument in support of the issues on appeal)

*Battino v. Redi-Carpet Sales of Utah, LLC (10th Cir., September 13, 2021) (affirming summary judgment in favor of Redi-Carpet on Battino’s employment-discrimination claims: Battino failed to state Title VII discrimination or retaliation claims, and the FMLA did not apply to her)

Tudor v. Southeastern Oklahoma State University (10th Cir., September 13, 2021) (affirming denial of Southeastern’s challenges on cross-appeal in Tudor’s sex discrimination, retaliation, and hostile-work-environment claims, but affirming the cap on Tudor’s damages and reversing the district court’s denial of reinstatement and its award of front pay (and remanding for recalculation))

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.