Cases — September 19th through 25th, 2021

Discrimination~Retaliation

*Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination)

ERISA and Employee Pension Plans

*Hartford Life and Accident Insurance Company v. Jones-Atchison (10th Cir., September 20, 2021) (affirming dismissal of the Jones-Atchison ERISA claims: Hartford fulfilled its obligation to investigate the existence of beneficiaries according to the policy provisions)

Wages

Hitesman v. University of Utah (Utah Ct. App., September 23, 2021) (reversing summary judgment in favor of the University on Hitesman’s Equal Pay Act claim: material questions of fact preclude summary judgment, nor did the University prove the wage disparity was due to a factor other than sex)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.