Cases — August 12th through 18th, 2018

Discrimination/Retaliation

*Salemi v. Colorado Public Employees’ Retirement Association (10th Cir., August 17, 2018) (affirming summary judgment for the Association as to Salemi’s discrimination and retaliation claims under under Title VII, § 1981, the First Amendment, and the FMLA)

*McFarland v. City and County of Denver (10th Cir., August 17, 2018) (affirming summary judgment for Denver on McFarland’s failure-to-accommodate claim)

Wages

*Acosta v. Foreclosure Connection, Inc. (10th Cir., August 15, 2018) (affirming award against Foreclosure Connection for violation of the Fair Labor Standards Act)

*Harper v. C.R. England, Inc. (10th Cir., August 14, 2018) (vacating class certification for a challenge to, among other things, the legality of Harper’s payment system)

Workers Compensation/Occupational Safety and Disease

Lincoln v. BNSF Railway Co. (10th Cir., August 17, 2018) (affirming summary judgment in favor of BNSF, but remanding on plaintiffs’ ADA and retaliation claims)

*McMillan v. AT&T Umbrella Benefit Plan No. 1 (10th Cir., August 13, 2018) (affirming reversal of denial of short-term disability benefits)

*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.