Cases — February 10th through 16th, 2019

Discrimination/Retaliation

*Franken v. Bernhardt (10th Cir., February 11, 2019) (affirming dismissal of sexual-orientation discrimination and retaliation complaint by former Yellowstone Park employee: the district court was correct in holding the claims preempted by the Civil Service Reform Act)

Bekkem v. Wilkie (10th Cir., February 12, 2019) (affirming summary judgment for Wilkie on Bekkem’s unequal pay discrimination and nonselection retaliation claims and dismissal of her discrimination claim based on her reprimand; but reversing summary judgment for Wilkie on Bekkem’s claim of retaliation based on the reprimand: the explanation could have been seen as pretextual)

Public Employees

*Hedquist v. Beamer (10th Cir., February 13, 2019) (affirming summary judgment in favor of Defendants: the protected speech was not a motivating factor in the alleged adverse action taken against him)

*Cases marked by an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.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