Discrimination/Retaliation*Tilghman v. Kirby (10th Cir., October 7, 2016) (affirming grants of summary judgment in favor of Kirby and Comanche County on Tilghman’s section 1983, sexual harassment, and retaliation)Labor Unions*Denton v. Yancey (10th Cir., October 3, 2016) (affirming summary judgment in favor of defendants on Denton’s free speech and association claims)Workers Compensation/Occupational Safety and Disease*Paulek v. […]
Defamation Fox-Rivera v. Colorado Department of Public Health (10th Cir., April 23, 2015) (affirming dismissal for plaintiff’s failure to state a claim that his reputation was impugned) Discrimination Chavez-Acosta v. Southwest Cheese Company, LLC (10th Cir., April 20, 2015) (upholding verdict in favor of Southwest Cheese on claims of hostile work environment and sexual harassment) […]
Discrimination Rowe v. United Airlines (10th Cir., April 16, 2015) (affirming summary judgment in favor of United Airlines on FMLA and ADA claims and Illinois Human Rights Act based on plaintiff dishonesty) Public Employees Valencia v. City of Santa Fe (10th Cir., April 14, 2015) (upholding denial of post-judgment relief and dismissing for lack of […]
In Clark v. Cache Valley Electric Co. (10th Cir., July 25, 2014), the Tenth Circuit Court of Appeals ruled that a federal district court had properly dismissed a gender discrimination and retaliation claim brought by a Utah employee of Cache Valley Electric. The employee claimed that a supervisor was favoring an employee who had allegedly been […]
The following report from Fox News is an interesting story about workplace harassment and bullying.
Now that we are entering the holiday season, it is important to remember that even though an employer may host an off-site holiday party, there is a potential for employer liability for improper employee activity. Activities at employer-sponsored Thanksgiving parties have been at the center of at least two reported court cases. In Jordan v. Alternative Resources Corporation, 458 […]
It happens to every employer. At some point, an employee comes to a manager, supervisor, or owner and explains that a coworker, or worse, a supervisor, has done something that the reporting employee does not like. The offensive conduct can be as minor as an employee showing up late or as serious as sexual misconduct. […]
The United States Supreme Court ruled in Crawford v. Metropolitan Government that a local government employee who answered questions posed to her about a human resource employee’s alleged sexual harassment was protected from retaliation even when she did not file her own complaint about his behavior. The questions came during an internal investigation being conducted […]
The Tenth Circuit decided in a case issued on January 12, 2009, that a Utah movie theater may be liable for its supervisor’s sexual assault of a subordinate even when (1) the theater acted reasonably under the circumstances , (2) the supervisor had no history of sexual harassment before the assault, and (3) the theater […]
