10th Circuit Court Reports Archive 

Termination of Deputy Sheriff After Stroke Did Not Violate ADA Flexible Work Schedule Was Not Reasonable Accommodation Under ADA Layoff Based on Performance Evaluations, Not Discrimination Retired Female UPS Dispatcher’s Age, Sex Discrimination Claims Rejected Employee Fired After Leave Request Lacks Triable FMLA Claims Former Bank Employee Failed to Prove Denial of Promotion Was Discriminatory Employee Not Entitled to ‘Indefinite Reprieve’ from Essential Functions Company’s Sale of Division Did Not Violate ERISA Fired Manager Lacked Triable Whistle-Blower Claim Termination of Deaf Employee Did Not Violate ADA Racial Comments Support Harassment and Constructive Discharge Claims Denial of Benefits Satisfies ERISA Despite Conflicting Vocational Reports Enforcement of EEOC Subpoena Seeking Nationwide Data Properly Denied Employer May Terminate Employee Who Exhausts FMLA Leave 10th Circuit: Migraine Not Considered Disability Under ADA 10th Circuit: Employee ‘Disabled’ Under ADA Despite Nonuse of Medication 10th Circuit: Part-Time Salesperson Fails to Prove Pregnancy Discrimination 10th Circuit: No Call, No Show, No FMLA Interference 10th Circuit: State’s Sexual Harassment Policy Results in Dismissal of Case Against Judge 10th Circuit Puts a Nail in the Coffin for Cash Balance Lawsuits 10th Circuit: Court Analyzes Workers’ Time Spent Changing Clothes 10th Circuit: Employer’s Investigation Untainted by Discriminatory Bias 10th Circuit: Agreement Precludes Union from Arbitrating Elimination of Positions 10th Circuit: Employee Incentive Plan Not an Enforceable Contract 10th Circuit: Employee Fresh out of Drug Rehab Not Protected by ADA Safe Harbor 10th Circuit: Court Enforces Arbitration Clause 10th Circuit: Selectively Choosing Legal Advice Leads to Willful FLSA Violation 10th Circuit: City Wins Approval of Complicated FLSA Calculations 10th Circuit: Dismissal of Claim of Sexual Harassment by Nonemployee Reversed 10th Circuit: Other-Employee Evidence Excluded in Age Discrimination Case 10th Circuit: Challenge to At-Will Employment Status Dismissed 10th Circuit: Employee Could Not Claim Unlawful Discharge 10th Circuit: Worker Lawfully Terminated for Threatening Boss 10th Circuit: Employee’s Admitted Misconduct Derails Discrimination Claim 10th Circuit: Plan Administrator’s Conflict of Interest Subject to Discovery 10th Circuit: Delivery Driver’s Age Discrimination Claim Dismissed 10th Circuit: Position Held by Temporary Employee Is Not ‘Vacant’ Under ADA 10th Circuit: Court Affirms Jury Verdict Employer Failed to Hire Based on Gender 7th Circuit: FLSA Right to Day in Court Pre-empts Arbitration Process 10th Circuit: Drunk Driving Accident Qualifies for AD&D Coverage 10th Circuit: Termination Stands Despite Employee’s Hearing Impairment 10th Circuit: Nurse’s Internal Communications Respecting Transplant Not Protected 10th Circuit: Positive Evaluations Raise Doubts About Employment Decision 10th Circuit: Retaliation for ‘Free Speech’ Is Difficult to Prove 10th Circuit: Employee Handbook’s Disclaimers Render Breach of Contract Claim Futile 10th Circuit: Court Upholds Hostile Work Environment Case 10th Circuit: Perceived Paramour Preference Not Protected Opposition 10th Circuit: Trade Secrets—The Whole May Be Greater Than the Sum of Its Parts 10th Circuit: FMLA Lawsuit Reinstated 10th Circuit: Court Upholds Negative Reference 10th Circuit: Employee May Have to Identify Open Position for ADA Transfer 10th Circuit: Plan that Failed to Follow Procedures Must Pay Benefits Again 10th Circuit: SOX Whistle-Blowing Claim Barred as Untimely 10th Circuit: Scripted Interviewer Inquiries Preclude Pretext 10th Circuit: Preventing and Correcting Sexual Harassment Is Two-Way Street 10th Circuit: Employee’s Refusal to Take English Lessons Not Protected Activity 10th Circuit: Guns in Company Parking Lot Are OK … in OK 10th Circuit: Pregnancy Bias Verdict Affirmed Despite After-Acquired Evidence 10th Circuit: FMLA Retaliation Claim May Be Found in Post-Leave Discipline 10th Circuit: Unforeseeable Circumstances May Relieve WARN Obligation 10th Circuit: Plaintiff Bears Ultimate Burden of Proving Retaliatory Motive 10th Circuit: Plaintiff Fails to Overcome Nondiscriminatory Explanations for Termination 10th Circuit: Lawsuit over Green Card’s Expiration Returned to Jury 10th Circuit: EEOC Charge Timely Filed 10th Circuit: Challenged RIF Was Not Discriminatory 10th Circuit: Frequent Salary Adjustments Jeopardize Overtime Exemptions 10th Circuit: Driving Not a ‘Major Life Activity’ Under ADA 10th Circuit: Defending an EEOC Mediation Is Protected Activity 10th Circuit: Employment History Not Covered by Fair Credit Reporting Act 10th Circuit: Unlawful Disclosure Was Nonretaliatory Reason for Discharge 10th Circuit: Laid-Off Employee Fails to Demonstrate Age Discrimination 10th Circuit: Military Recruiters Not FLSA Exempt 10th Circuit: Reprimand for Off-Duty Affair Upheld 10th Circuit: Failure To Follow Written Policy Supports Age Claim 10th Circuit: Gap Between Restrictions and Management Interpretation Poses Risks 10th Circuit: Disruptive Physician’s Privileges Lawfully Terminated 10th Circuit: Discharged Parents of Son with Cancer Proceed with ADA Claim 10th Circuit: ERISA Permits Termination of Benefits Based on Challenged Report 10th Circuit: Plaintiffs Have Longer To Sue for Willful Violations 10th Circuit: Political Patronage Forms Basis for Discrimination Claim 10th Circuit: Familial Status Is Not Protected Under Title VII 10th Circuit: Ban on Payroll Deductions for Political Contributions 10th Circuit: Termination for Failure To Report to Work Upheld 10th Circuit: Favoritism Does Not Equal Gender Bias 10th Circuit: Grant of FMLA Leave Did Not Show Employee Was Regarded as Disabled 10th Circuit: E-mail May Contribute to Hostile Environment 10th Circuit: Employer May Request More Information To Verify Lawful Status 10th Circuit: Questionably Pervasive Harassment Warrants Trial More...