Cases — October 4th through 10th, 2020
NO CASES
Discrimination~Retaliation Sanderson v. Wyoming Highway Patrol (10th Cir., September 30, 2020) (affirming dismissal of Sanderson’s retaliation claim but reversing summary judgment on her hostile work environment claim: A reasonable jury could find that she had raised genuine issues of fact as to the severity and pervasiveness prong of her hostile work environment claim)
Miscellaneous Fedor v. United Healthcare, Inc. (10th Cir., September 16, 2020) (vacating order compelling arbitration claims against Fedor’s former employer: the district court impermissibly compelled arbitrarion before finding an arbitration agreement existed) Workers Compensation ~ Occupational Safety and Disease Aubrey v. Koppes (10th Cir., September 18, 2020) (reversing summary judgment in favor of the county […]
Workers’ Compensation ~ Occupational Safety and Disease White v. Labor Commission (Utah Ct. App., September 11, 2020) (Declining to disturb the Commission appellate board determination that White had failed to show that his injury was legally caused by his employment: White failed to satisfy the heightened causation standard applicable because of his preexisting injury)
Discrimination~Retaliation Baca v. Department of the Army (10th Cir., September 2, 2020) (affirming the Merit Systems Protection Board’s determination that Baca’s termination was not unlawful retaliation for whistleblowing: attempting to intimidate a witness into providing a false statement is not protected conduct under the Whistleblower Protection Act) *Cases marked with an asterisk are not binding […]
Discrimination ~ Retaliation *Earles v. Cleveland (10th Cir., August 28, 2020) (affirming dismissal with prejudice of the due process theories in connection with Earles’s sex discrimination claim: Earles failed to raise a liberty interest worthy of procedural due process protection) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law […]
Workers’ Compensaton ~ Occupational Safety and Disease Arreguin-Leon v. Hadco Construction, LLC (Utah, August 17, 2020) (affirming remand for new trial on Arreguin’s claims against Hadco for failure to protect its workers from highway traffic: Arreguin prevailed at trial but the trial court allowed him to elicit undisclosed expert testimony, which the Court of Appeals […]
Discrimination~Retaliation Hickey v. Brennan (10th Cir., August 14, 2020) (affirming summary judgment in favor of the Postal Service on Hickey’s discrimination claim: Hickey did not exhaust her administrative remedies by contacting an Equal Employment Office counselor within 45 days of termination) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]
Discrimination ~ Retaliation *Robinson v. Barrett (10th Cir., August 7, 2020) (affirming summary judgment in favor of Barrett, the secretary of the Air Force, on Robinson’s retaliation claim: she failed to raise a genuine issue of material fact as to whether the reasons for the Air Force’s actions were pretextual) *Cejka v. Vectrus Systems Corporation […]