Discrimination~Retaliation
Fresquez v. BNSF Railway Co. (10th Cir., November 10, 2022) (affirming judgment and jury award in favor of Fresquez on his retaliation claims against BNSF, which fired Fresquez because of his refusal to conceal safety defects on the tracks he was employed to inspect: Fresquez’s actions were expressly protected under the Federal Railroad Safety Act.)
Wright v. Portercare Adventist Health System (10th Cir., November 9, 2022) (affirming summary judgment in favor of Portercare on Wright’s claims for discrimination and retaliation: Portercare advanced legitimate, nondiscriminatory reasons for not promoting Wright, and Wright failed to adduce evidence supporting a finding of pretext.)
Miscellaneous
Hennessey v. University of Kansas Hospital Authority (10th Cir., November 9, 2022) (vacating district
court order granting UKHA’s motion to dismiss Hennessey’s claim of negligent supervision of the employee who sexually assaulted her: UKHA claimed sovereign immunity as an arm of the state, but failed to meet its burden to so demonstrate. UKHA is an autonomous entity and not an arm of the state.)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
