Cases — November 28th through December 4th, 2021

Discrimination~Retaliation

*Benaissa v. Salina Regional Health Center, Inc. (10th Cir., December 2, 2021) (affirming summary judgment in favor of Salina on Benaissa’s Title VII discrimination and retaliation claims: The EEOC and, later, the District Court, correctly concluded that, since Benaissa was not an employee of Salina, all of his Title VII discrimination and retaliation claims failed)

Reznik v. inContact, Inc. (10th Cir., December 1, 2021) (reversing dismissal of Reznik’s Title VII retaliation action against inContact for failure to state a claim: because Ms. Reznik believed she was opposing conduct unlawful under Title VII (racial slurs against two Filipino employees in the Manilla office—actions that do not fall under the protection of Title VII), her actions in reporting the matter was objectively reasonable and therefore sufficient to state a cause of action)

Public Employers~Employees

*Naegele v. Khawaja (10th Cir., November 30, 2021) (affirming summary judgment in favor of Khawaja on Naegele’s wrongful death medical-malpractice claim: the New Mexico Tort Claims Act’s two-year statute of limitations applied to (and barred) Naegele’s action because Khawaja was a public employee at the time of the alleged malpractice)

Wages

*Ferrell v. Cypress Environmental Management, LLC (10th Cir., November 30, 2021) (reversing denial of Defendants’ motion to compel arbitration on Ferrell’s unpaid overtime wages: fairness dictates that Farrell should be estopped from avoiding arbitration of his claims, which should be adjudicated by an arbitrator in accordance with his employment agreement with Cypress)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.