Cases—October 3rd through 9th, 2021

Discrimination~Retaliation

*Cole v. DeJoy (10th Cir., October 8, 2021) (affirming dismissal of Cole’s claims for harassment, hostile work environment, discrimination, and retaliation, unlawful termination, obstruction of justice, and fraud: despite three opportunities to submit a proper complaint, Cole’s complaint lacked factual allegations sufficient to support a plausible claim for relief)

*Bateman v. Nexstar Media Group, Inc. (10th Cir., October 4, 2021) (affirming summary judgment in favor of Nexstar on Bateman’s claims for discriminatory discharge and retaliation under the ADA: Bateman failed to show that his disability was a factor in his termination, and Bateman failed to come forward with evidence of a causal connection demonstrating a retaliatory motive for his termination)

Labor Unions

*Cummings v. United States Postal Service (10th Cir., October 6, 2021) (affirming summary judgment in favor of the Postal Service on her claims for breach of collective bargaining agreement and employment discrimination: at the time of her termination, the collective bargaining agreement did not entitle a probationary employee to grieve her termination, and she failed to exhaust her administrative remedies in connection with her discrimination claims)

Wages

Peterson v. Nelnet Diversified Solutions, LLC (10th Cir., October 8, 2021) (reversing summary judgment in favor of Nelnet on plaintiffs’ claim that Nelnet should pay them for time devoted to booting up their computers and software: the district court erred in holding that, although plaintiffs’ preshift activities were compensable time, the de minimis doctrine barred their recovery: although plaintiffs’ aggregate claims were relatively small, Nelnet failed to show any practical administrative difficulty in estimating the time at issue)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.