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 […]
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 […]
DISCRIMINATION ~ RETALIATION *Glapion-Pressley v. City and County of Denver (10th Cir., April 14, 2022) (Glapion-Pressley failed to show error in the dismissal of her claims for failure to satisfy Title VII’s verification requirement before the EEOC) MISCELLANEOUS *Hurst v. McDonough (10th Cir., April 12, 2022) (affirming summary judgment in favor of McDonough on Hurst’s […]
Discrimination ~ Retaliation Equal Employment Opportunity Commission v. Roark-Whitten Hospitality 2, LP (10th Cir., March 10, 2022) (among other things, reversing compensatory damages award against Roark-Whitten on the EEOC’s claims against it for unlawful employment practices: the district court failed to explain why it ordered compensatory damages in the amount of only $35,000 despite the […]
Contract~Noncompete~Trade Secret~Wrongful Termination Jensen Tech Services v. Labor Commission (Utah Ct. App., February 3, 2022) (setting aside Commission decision identifying respondent Herrera as Jensen’s employee for workers’ compensation purposes: the Commission failed to properly and completely apply the legal standards that govern employee-vs.-independent-contractor determinations; its right-to-control analysis, moreover, was faulty) Workers Compensation ~ Occupational Safety […]
Discrimination ~ Retaliation *Barker v. Utah Department of Environmental Quality (10th Cir., January 28, 2022) (affirming dismissal Barker’s complaint for retaliation against her because of her earlier, settled lawsuit from 2015: Barker failed to name the DEQ as the defendant in her amended complaint, did not timely file her discrimination charge with the EEOC, and […]
ERISA and Employee Pension Plans Babcock v. Kijakazi (U.S., January 13, 2022) (affirming determination that Babcock’s retirement benefits should be reduced (a “windfall elimination”) to reflect his receipt of both a civil-service pension and military pension payments for his work as a dual-status National Guard technician: Civil-service pension payments based on employment as a dual-status […]
Workers’ Compensation ~ Occupational Safety and Disease *Mares v. Colorado Coalition for the Homeless (10th Cir., December 7, 2021) (affirming summary judgment for the CCH on Mares’s claim that she was fired in violation of the ADA: Mares did have approval for intermittent FMLA leave, but she she was still required to give CCH notice, […]
Discrimination~Retaliation *Rohwedder v. Rocky Mountain Pies, LLC (10th Cir., November 23, 2021) (affirming dismissal with prejudice of Rohwedder’s employment-discrimination suit: although failure to exhaust administrative remedies is no longer a jurisdictional defect, it can be and was properly raised as an affirmative defense by Rocky Mountain; Rohwedder thus failed to state a claim under 12(b)(6); […]
Discrimination ~ Retaliation Adams v. C3 Pipeline Construction, Inc., et al. (10th Cir., November 2, 2021) (affirming summary judgment in favor of the Plains defendants (successors to a company with whom C3 was under contract) on Adams’s Title VII sexual-harassment claim: Plains did not employ Adams or any other C3 employee and therefore could not […]
