Cases—September 4th through 10th, 2022

Discrimination~Retaliation

Sorenson v. Wadsworth Brothers Construction Company (10th Cir., September 9, 2022) (affirming summary judgment in favor of Wadsworth on Sorenson’s retaliation claim based on the whistleblower provisions of the federal false claims act: Sorenson failed to put Wadsworth on notice his protected activities were related to purported violations of the FCA and failed to demonstrate Wadsworth’s actions were retaliatory)

*Upchurch v. Wastequip, LLC (10th Cir., September 8, 2022) (affirming summary judgment in favor of Wastequip on Upchurch’s claims for discriminatory discharge under the ADA and age discrimination under the ADEA: Upchurch provided no proof of impairment and failed to bring any evidence that age was a factor in his termination)

Workers Compensation ~ Occupational Safety and Disease

Bingham v. Department of Workforce Services (Utah Ct. App., September 9, 2022) (declining to disturb Department ruling that Bingham was entitled to a portion of unemployment benefits by reason of disruptions attributable to the COVID-19 pandemic that were beyond her control, but denying her benefits for the time when Bingham avoided work out of concern that she was not yet vaccinated)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.