Discrimination ~ Retaliation Hayes v. Skywest Airlines, Inc. (10th Cir., September 9, 2021) (affirming district court award of front pay to Plaintiff Hayes on his employment discrimination claim and denial of motion for new trial: the district court did not abuse its discretion) Workers Compensation ~ Occupational Safety and Disease YESCO v. Labor Commission (Utah […]
In Utah, even the smallest local government entity has a duty to create a merit-based employment system, i.e., a civil service system, and conduct an annual review of the system. If you are an elected official, have you assured that such a system has been established or that an annual review has been conducted? Why […]
On Thursday, October 28, 2021, D. Scott Crook will be presenting with other distinguished faculty members at the upcoming National Business Institute (NB() Seminar, Mini Law School for Utah HR Professional, A Comprehensive Primer on Labor and Employment Law. Scott’s presentation will focus on Controlling Unemployment Compensation Costs. To register for the course, please click […]
Discrimination ~ Retaliation *Davis v. State of Utah (10th Cir., September 2, 2021) (affirming dismissal of plaintiffs’ employment-related claims against Utah and the University of Utah: plaintiffs’ First-Amendment allegations failed to overcome their qualified-immunity burden, and plaintiffs’ state-law claims were untimely) *Guy v. McDonough (10th Cir., August 30, 2021) (affirming summary judgment in favor of […]
Workers Compensation ~ Occupational Safety and Disease *Kulasa v. Wyndham Vacation Rentals (10th Cir., August 27, 2021) (affirming summary judgment in favor of Wyndham on Kulasa’s claims under the ADA and the Colorado anti-discrimination and wage-claim acts: He failed to establish he had a disability or any limitation arising out of his ADHD) *Cases marked […]
Public Employers/Employees *Ratheal v. United States (10th Cir., August 16, 2021) (affirming dismissal of Ratheal’s negligence, misrepresentation, and abuse of process claims for lack of subject matter jurisdiction: the claims were barred under the discretionary function exception to the Federal Tort Claims Act’s waiver of sovereign immunity) *Cases marked with an asterisk are not binding […]
Labor Unions International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act) Workers’ compensation ~ Occupational Safety and Disease […]
Discrimination ~ Retaliation Duda v. Elder (10th Cir., July 27, 2021) (affirming denial of qualified immunity to Sheriff Elder on Duda’s retaliation claim: the sheriff fired Deputy Duda for violating “a neutral policy prohibiting on-duty political activity,” but he did not apply it neutrally: he allowed political activity in his favor but fired Duda when […]
Discrimination ~ Retaliation *Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual) Public Employers/Employees *Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance […]
