Cases — June 19th through 25th, 2022

Discrimination ~ Retaliation *Avant v. Doke (10th Cir., June 23, 2022) (recognizing a First-Amendment right against retaliation for perceived, rather than actual, speech in the context of a claim for retaliatory discharge) Workers Compensation ~ Occupational Safety and Disease U.S. v. Washington (U.S., June 21, 2022) (reversing determination that Washington State law was constitutional that […]

Read More

Cases — June 12th through 18th, 2022

Discrimination ~ Retaliation *Cummings v. American Postal Worker’s Union (10th Cir., June 17, 2022) (affirming summary judgment in favor of Union on Cummings’ claims for race and age discrimination: She failed to establish that the USPS had violated the collective bargaining agreement or that it’s reasons for her termination were pretextual) *Pegler v. Doug Smith […]

Read More

Cases — June 5th through 11th, 2022

Discrimination~Retaliation Tucker v. Faith Bible Chapel International (10th Cir., June 7, 2022) (dismissing, for lack of jurisdiction, Faith Bible’s interlocutory appeal of Tucker’s claim that he was fired for opposing alleged race discrimination at the school: under the “ministerial exception” defense, anti-discrimination laws do not apply to employment disputes between religious employers and their ministers; […]

Read More

Cases — May 29th through June 4th, 2022

Discrimination ~ Retaliation *Gupta v. Oklahoma City Public Schools (10th Cir., May 31, 2022) (affirming summary judgment in favor of the school district on Gupta’s retaliation claim: Gupta failed to demonstrate that the school district’s reasons for its actions were actually pretextual) *Cases marked with an asterisk are not binding precedent, except under the doctrines […]

Read More

Cases — May 22nd through 28th, 2022

Discrimination ~ Retaliation *Rushing v. Granholm (10th Cir., May 27, 2022) (affirming summary judgment in favor of the defendants on Rushing’s claims for disability, national-origin, and sexual-orientation discrimination and retaliation for his filing an equal employment opportunity complaint: Rushing failed to present sufficient evidence of an adverse employment action, nor did he demonstrate pretext on […]

Read More

Cases — May 1st through 7th, 2022

DISCRIMINATION ~ RETALIATION *Peterson v. Williams (10th Cir., May 5, 2022) (affirming defendants’ motion to dismiss Peterson’s first-amendment retaliation claim: Peterson failed to plausibly plead that he spoke as a citizen on a matter of public concern) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, […]

Read More

Cases — April 24th through 30th, 2022

DISCRIMINATION ~ RETALIATION Cummings v. Premier Rehab Keller, PLLC (U.S., April 28, 2022) (affirming denial of emotional distress damages in connection with Cummings’ claim of disability discrimination for Premier Rehab’s failure to provide an ASL interpreter in violation of the Rehabilitation Act of 1973 and the Affordable Care Act: damages for emotional harm are not […]

Read More

Cases — April 17th through 23rd, 2022

CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Wilson v. IC Bus (10th Cir., April 19, 2022) (affirming summary judgment in favor of IC Bus: Wilson could show no error in the trial court’s determination that Wilson was fired for violations of its sexual harassment policy and failure to report others’ violations; his motions […]

Read More