DISCRIMINATION ~ RETALIATION
Cummings v. Premier Rehab Keller, PLLC (U.S., April 28, 2022) (affirming denial of emotional distress damages in connection with Cummings’ claim of disability discrimination for Premier Rehab’s failure to provide an ASL interpreter in violation of the Rehabilitation Act of 1973 and the Affordable Care Act: damages for emotional harm are not recoverable in private actions brought to enforce either statute)
*Onysko v. Walsh (10th Cir., April 28, 2022) (affirming the Labor Review Board’s summary decision in favor of the Utah DEQ on his numerous retaliation claims: the whistleblower provision of an environmental
statute required Onysko to establish retaliation because of protected activity, but relief need not be ordered if the employer can demonstrate that it would have terminated him regardless of the protected activity)
*Gabriel v. Melton Truck Lines (10th Cir., April 29, 2022) (affirming dismissal of two of his disability-discrimination cases as duplicative of an earlier-filed and still-pending case against the same defendant)
WORKERS COMPENSATION ~ OCCUPATIONAL SAFETY AND DISEASE
*Rajo v. Commissioner (10th Cir., April 25, 2022) (vacating district court denial of disability benefits: Rajo asserted that the ALJ who originally denied her claim was improperly appointed; the district court rejected this claim because she didn’t raise it before the ALJ; but, under Carr v. Saul, 141 S. Ct. 1352 (2021), Rajo was permitted to raise it for the first time in federal court)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
