Cases — November 7th through 13th, 2021

Scott Ellsworth - November 15, 2021 - 10th Circuit, Americans with Disabilities Act (ADA), Arbitration, Discrimination, Employment Agreement, Fair Labor Standards Act (FLSA), Procedure, Retaliation, Tenth Circuit, Wages

Discrimination ~ Retaliation

Edmonds-Radford v. Southwest Airlines Co. (10th Cir., November 8, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s ADA and Rehabilitation-Act claims: the Rehabilitation Act did not apply as no federal assistance was involved; one of her ADA claims was filed after the 300-day limit; and Edmonds-Radford failed to establish a prima-facie case of discrimination or to demonstrate pretext: she was not fired because of her disability)

Wages

Reeves v. Enterprise Products Partners, LP (10th Cir., November 9, 2021) (reversing denial of Enterprise’s motion to compel arbitration on Reeves’s Fair Labor Standards Act claim for unpaid overtime: the Reeves defendants had consented to arbitration in their employment agreements)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.