Discrimination/Retaliation *Espinoza-Horiuchi v. Walmart Stores, Inc. (10th Cir., May 22, 2017) (dismissing appeal of summary judgment for lack of jurisdiction, and affirming the district court’s bill of costs)*Iselin v. Bama Companies (10th Cir., May 26, 2017) (reversing dismissal of claims for discriminatory termination, failure to hire, and failure to accommodate, but affirming dismissal of misuse-of-employment-testing claim: […]
Discrimination/Retaliation Jones v. Needham (10th Cir., May 12, 2017) (reversing dismissal of sexual harassment claims, but affirming dismissal of common-law and Oklahoma Anti-Discrimination Act claims) ERISA *Blair v. Alcatel-Lucent Long Term Disability Plan (10th Cir., May 9, 2017) (affirming summary judgment in favor of Alcatel-Lucent because there had been no abuse of discretion in the […]
Discrimination/Retaliation*Russell v. Phillips 66 Company (10th Cir., May 4, 2017) (affirming dismissal of discrimination claim under the ADA because Russell failed even to establish his prima facie case)MiscellaneousEdwards v. Carey (Utah Ct. App., May 4, 2017) (affirming denial of motion to arbitrate: Edwards’ claims did not implicate the parties’ employment agreements)Workers Compensation/Occupational Safety and Disease*Allen v. […]
Discrimination/Retaliation *Craine v. National Science Foundation (10th Cir., April 26, 2017) (denying Craine’s petition for review: his disclosures, as a former employee of Kansas State University, did not fall within the whistleblower protections of 41 U.S.C. ss. 4712) *Jackson v. The Education and Employment Ministry (10th Cir., April 27, 2017) (affirming summary judgment in favor […]
Discrimination/Retaliation*Agassounon v. Jeppesen Sanderson, Inc. (10th Cir., April 18, 2017) (affirming summary judgment in favor of Defendant on Agassounon’s race, color, national origin, and retaliation claims, because he failed to demonstrate pretext in Jeppesen Sanderson’s laying him off)*Arbogast v. State of Kansas, Dept. of Labor (10th Cir., April 21, 2017) (affirming dismissal of Arbogast’s complaint […]
Discrimination/Retaliation*Cash v. Lockheed Martin Corporation (10th Cir., April 13, 2017) (affirming summary judgment in favor of Lockheed because Cashfailed to raise a genuine issue of material fact as to whether he was fired because of discrimination or retaliation)EEOC v. BNSF Railway Company (10th Cir., April 11, 2017) (affirming summary judgment in favor of BNSF because […]
Beginning May 9, 2017, it will be illegal for any Utah public employer, including municipalities, counties, special districts, etc., to require a job applicant to disclose a criminal conviction before an initial interview. This means that public employers cannot ask about criminal convictions on job applications or seek the information before any interview is conducted. […]
The following is a summary of legislation passed in the 2017 Utah Legislature that may have some impact on employers. All House Bills (HB) and Senate Bills (SB) become effective on May 9, 2017, except those marked here with an *, which become effective July 1, 2017. All resolutions become effective the date of passage. […]
Discrimination/Retaliation *Bejar v. Department of Veterans Affairs (10th Circuit, March 28, 2017) (affirming summary judgment in favor of the Department of Veterans Affairs because Bejar could not show evidence of discrimination) *McCoy v. State of Wyoming (10th Circuit, March 28, 2017) (affirming dismissal of McCoy’s complaint, among other things, because it lacked any plausible discrimination […]
