Discrimination/Retaliation*Dulany v. Brennan (10th Cir., June 7, 2018) (affirming summary judgment against Dulany on her retaliation and FMLA claims: Dulany could not show either retaliation or constructive discharge)*The court declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, and/or collateral estoppel. It may be cited, […]
Discrimination/Retaliation*Harrington v. Ozark Waffle, LLC (10th Cir., May 29, 2018) (affirming dismissal: Harrington did not show any abuse of discretion in the trial court’s dismissal of his employment discrimination claim)*Rolland v. Carnation Building Services, Inc. (10th Cir., May 30, 2018) (affirming summary judgment in favor of Carnation: its reasons for terminating Rolland were consistent, and Rolland […]
Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]
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In a press release issued today, the EEOC announced that the University of Denver Sturm College of Law, a university located in the Tenth Circuit, has agreed to pay $2.66 million to settle an Equal Pay Act claim brought by female law professors. The lawsuit alleged that as of October 2013 female full law professors […]
The Utah Legislature recently passed legislation, SB 199, requiring all public employers in the state to give a copy of the Utah Protection of Public Employees Act to all employees when they are hired and, once again, if they file a complaint or grievance alleging retaliatory action for whistleblowing. Before the amendment, an employer was […]
D. Scott Crook, the creator of The Utah Employment Lawyer, will be one of the presenters at the upcoming Continuing Education Seminar entitled Employment Law: Advanced Issues and Answers. He will be presenting on Recent Developments in State and Federal Employment Law and Conducting an Effective Internal Investigations. The seminar will be held on June […]
Summary of legislation passed by the 2018 Utah Legislature. 1. Background Checks HB0069 – National Crime Prevention and Privacy Compact – Allows Utah to join the National Crime Prevention and Privacy Compact and permits Utah to share information with other states and the federal government relating to background checks and criminal histories for use in noncriminal-justice […]
Discrimination/RetaliationFassbender v. Correct Care Solutions, LLC (10th Cir., May 15, 2018) (reversing summary judgment in favor of Fassbender on her pregnancy discrimination claim but affirming summary judgment on her retaliation claim as CCS’s explanation could reasonably be seen as pretextual)MiscellaneousXyngular v. Schenkel (10th Cir., May 15, 2018) (affirming imposition of sanctions for prelitigation conduct)
Discrimination/Retaliation Kerner v. City and County of Denver (10th Cir., May 7, 2018) (remanding the district court’s Lodestar analysis of attorney’s fees following Kerner’s prevailing on her disparate impact claim) ERISAEmployees’ Retirement System v. Williams Companies (10th Cir., May 11, 2018) (affirming dismissal of amended complaint for failure to adequately allege scienter)
