Cases—August 21st through 27th, 2022

Discrimination~Retaliation

*Gabriel v. Trans Am Trucking Co. (10th Cir., August 25, 2022) (affirming dismissal of Gabriel’s complaint under the ADA and motion to recuse: The complaint was incomprehensible, and Gabriel showed no viable evidence of bias)

Ford v. Jackson National Life Insurance Co. (10th Cir., August 23, 2022) (affirming dismissal of Ford’s discrimination claim, but reversing dismissal of her retaliation claim on failure to promote, her hostile-work-environment claim, and her constructive-discharge claim)

Labor Unions

*Hickey v. National Association of Letter Carriers (10th Cir., August 22, 2022) (affirming dismissal of Hickey’s negligence claim, which was based on the Association’s incorrect instruction to Hickey that she should file a union grievance prior to an EEO complaint, but federal labor law preempted her negligence claim)

Wages

*Merrill v. Harris (10th Cir., August 26, 2022) (affirming district court determination that plaintiffs were independent contractors in business for themselves, and not employees entitled to statutory minimum wage under the Fair Labor Standards Act)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.