Justia Labor & Employment Law Opinion Summaries

In 2011, city officials of West Valley City terminated Plaintiff Karen Bird from her position as manager of the city’s Animal Shelter. During the latter half of Plaintiff’s employment, the environment of the Animal Shelter was toxic. Plaintiff was one of the biggest contributors to this tumultuous environment. During the high point of what staffers at the shelter dubbed "the little war," the Salt Lake Tribune published an article about a cat that had survived two euthanization attempts in the Animal Shelter’s gas chamber. A reporter called a West Valley City official and informed the official that he (the reporter) had received an anonymous telephone call alleging that the shelter had ordered a mass execution of animals due to overpopulation. Other shelter managers were under the impression that Plaintiff, who was notoriously against using the gas chamber to euthanize animals and who was one of the few individuals privy to the meeting discussing the shelter’s overpopulation, was the source of these leaks. Around the same time as the anonymous phone call to the press, Plaintiff finally decided she "had enough" and filed the formal complaint that belied this lawsuit before the Tenth Circuit Court of Appeals. The Tenth Circuit could not find that Plaintiff had been fired because of her gender, any hostile work environment she experienced, and West Valley City did not form any contract with her that mandated it would protect her from workplace violence or prevent her from being retaliated against. The Court did find, however, that the district court did not determine whether Plaintiff raised a genuine issue of material fact that this belief substantially motivated West Valley City officials’ decision to terminate Plaintiff. Nor did it determine whether the leaks to the press qualified as “constitutionally protected activity.” The case was affirmed in part, reversed in part and remanded for further proceedings. View "Bird v. West Valley City" on Justia Law

Eugene Foster appeals from a district-court order granting summary judgment in favor of Mountain Coal Company, LLC (Mountain Coal) on his retaliation claims under the Americans with Disabilities Act (ADA). Foster injured his neck while working for Mountain Coal. Mountain Coal terminated Foster several months after the injury, citing that Foster “gave false information as to a credible Return To Work Slip.” After Mountain Coal terminated his employment, Foster filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) and the Colorado Civil Rights Division. Ultimately, the EEOC issued Foster a right-to-sue notice; armed with the notice, Foster filed a complaint against Mountain Coal, seeking relief under the ADA and Colorado law. On the briefs, the district court entered summary judgment for Mountain Coal on Foster’s ADA and state-law discrimination claims and on Foster’s ADA retaliation claims. Foster appealed. After review, the Tenth Circuit reversed, finding that the district court erred in granting Mountain Coal’s motion for summary judgment with respect to Foster’s ADA retaliation claims. "We conclude that a reasonable jury could find that Foster established a prima facie case of retaliation with respect to both his April 3 and April 11 purported requests for accommodation." The Court further concluded that a reasonable jury could find that Mountain Coal’s asserted basis for terminating Foster’s employment was pretext. Therefore the Tenth Circuit reversed the district court’s order granting Mountain Coal’s motion for summary judgment with respect to Foster’s ADA retaliation claims and remanded for further proceedings. View "Foster v. Mountain Coal Company" on Justia Law

Ronald Maiteki appealed the district court’s grant of summary judgment to his former employer, Marten Transport Ltd., on his claim that Marten violated the reinvestigation provision of the Fair Credit Reporting Act (FCRA). Marten had a duty under federal regulations to conduct background checks on drivers. It receives information from and provides information to HireRight, a consumer reporting agency (CRA) that publishes "Drive-A-Check" (DAC) reports on truck drivers’ driving records. When describing Maiteki's work record to HireRight after his employment ended, Marten used code 938, which stands for "Unsatisfactory Safety Record," meaning that the driver did not meet the company’s safety standards. Maiteki alleged that other companies declined to employ him after Marten’s information appeared on his DAC report. He disputed the information, telling HireRight that "Unsatisfactory Safety Record" was incorrect because he “has no accidents/incidents listed on the report.” Marten conducted an internal investigation, and stood by its report to HireRight regarding Maiteki's driving record. Maiteki sued, alleging, among other claims, that Marten’s reinvestigation was inadequate and the response was false. Marten moved for summary judgment on the FCRA claim, which the district court granted. After review, the Tenth Circuit found that Maiteki did not carry his burden to show that a reasonable factfinder could conclude that Marten’s reinvestigation was unreasonable. The Court therefore found that the district court appropriately granted summary judgment to Marten on Maiteki's FCRA claim. View "Maiteki v. Marten Transport" on Justia Law

Plaintiff-appellant Mark Kilcrease was a commercial truck driver temporarily unable to work due to the effects of cancer. After his cancer went into remission, plaintiff applied for a truck-driving position with Domenico Transportation Company. Domenico rejected plaintiff's application, and he filed suit, alleging discrimination and retaliation in violation of the Americans with Disabilities Act (ADA). The district court granted summary judgment to Domenico on both claims, and plaintiff appealed. After review, the Tenth Circuit Court of Appeals concluded that the district court properly granted summary judgment on both claims. With respect to his discrimination claim, the Court agreed with the district court that plaintiff failed to demonstrate he was a qualified individual within the meaning of the ADA and therefore could not establish a prima facie case of discrimination. With respect to his retaliation claim, the Court concluded plaintiff could not show the requisite nexus between his ADA complaints and an adverse employment action. View "Kilcrease v. Domenico Transportation" on Justia Law

Robert Adair was a firefighter with the City of Muskogee, Oklahoma (the City) when he injured his back during a training exercise. As a result of his injury, Adair completed a functional-capacity evaluation that measured and limited his lifting capabilities. After two years on paid leave, Adair received a workers’ compensation award definitively stating that Adair’s lifting restrictions were permanent. The same month he received his award, Adair retired from the Muskogee Fire Department. Adair argued that his retirement was a constructive discharge: he claimed that the City forced him to choose between being fired and retiring, which, he contended, discriminated against him in violation of the Americans with Disabilities Act of 1990 (ADA), and retaliated against him for receiving a workers’ compensation award in violation of the Oklahoma Workers’ Compensation Act, Okla. The district court granted the City’s motion for summary judgment. "Unfortunately, in analyzing Adair’s discrimination claims, neither the parties nor the district court recognized the changes that Congress made to the ADA in enacting the ADA Amendments Act of 2008 (ADAAA)." Notwithstanding this error, the Tenth Circuit affirmed. "Even if the City regarded Adair as having an impairment, Adair cannot show that he was qualified to meet the physical demands required of firefighters or that the City could reasonably accommodate his lifting restrictions." View "Adair v. City of Muskogee" on Justia Law

The Equal Employment Opportunity Commission (EEOC) brought a civil enforcement action against three Papa John’s entities for violating the Americans with Disabilities Act (ADA) by denying a reasonable workplace accommodation to the appellant. Scott Bonn, and firing him for requesting this accommodation. Bonn moved to intervene, but the district court determined that Bonn’s claim was subject to arbitration under an agreement that Bonn’s mother had executed. Based on this determination, the district court denied the motion to intervene and ordered Bonn to arbitrate his claim. Bonn appealed the denial of his motion to intervene and the order compelling arbitration. After review, the Tenth Circuit concluded that the arbitration agreement did not curtail Bonn’s unconditional statutory right to intervene. Accordingly, the Court reversed the denial of the motion to intervene. Furthermore, the Court concluded that it lacked appellate jurisdiction over the order compelling arbitration. "Although the district court ordered Mr. Bonn to arbitrate his claim, that order did not affect the EEOC’s claim against Papa John’s, which remains pending. Because that claim remains, the order compelling arbitration did not constitute a 'final decision,' which is necessary for appellate jurisdiction over an order compelling arbitration. Therefore, we dismiss this part of Mr. Bonn’s appeal." View "EEOC v. PJ Utah, LLC" on Justia Law

At issue in this case was whether a construction company that stopped contributing to its employees’ pension plan had to pay withdrawal liability under the Multiemployer Pension Plan Amendment Act (MPPAA). Ceco Concrete Construction, LLC was a party to a collective bargaining agreement (CBA) that required it to contribute to the Centennial State Carpenters Pension Trust, a multiemployer pension plan. After Ceco stopped contributing, the Trust assessed MPPAA withdrawal liability. Ceco disputed the withdrawal liability and initiated arbitration. The arbitrator sided with Ceco, concluding withdrawal liability was improper. Ceco then sued in federal district court to affirm the arbitrator’s decision. The Trust and its Board of Trustees (jointly, “the Plan”) counterclaimed, asking the district court to vacate the arbitrator’s award. The district court granted summary judgment in Ceco’s favor, granted Ceco’s request for costs, and denied Ceco’s request for attorney fees. The Plan appealed the grant of summary judgment; Ceco appealed the denial of attorney fees. After review, the Tenth Circuit concluded the district court erred in its grant of summary judgment by limiting liability to the entities under common control at the time Ceco ceased its obligation to contribute. The award of costs was vacated, and the matter remanded for further proceedings. View "CECO Concrete v. Centennial State Carpenters" on Justia Law

Decker Truck Lines, Inc. was a for-hire motor carrier, regulated by the U.S. Department of Transportation (USDOT) and the Secretary of Transportation, with its principal office in Fort Dodge, Iowa. Decker signed a transportation contract with New Belgium Brewing Company (New Belgium) to make two classes of shipments: (1) outbound shipments of beer from New Belgium’s brewery to its warehouse (known as the “Rez”), and (2) backhaul shipments of empty kegs, pallets, hops, and other materials from the Rez to the brewery. These two facilities are located approximately five miles apart in Fort Collins, Colorado. And Decker employed Plaintiffs (all of whom are commercial truck drivers) to transport both categories of shipments. This case involved a dispute over the scope of the Motor Carrier Act exemption from the overtime pay requirements of the Fair Labor Standards Act (FLSA) and the Colorado Minimum Wage Order (Wage Order). Joe Deherrera and several other complainants (Plaintiffs), who were commercial truck drivers for Decker, claimed Decker failed to pay them proper overtime wages. Decker contended Plaintiffs were exempt employees under both the FLSA and the Wage Order. The district court granted summary judgment to Decker, and after review, the Tenth Circuit affirmed: "By driving an intrastate leg of shipments in interstate commerce, Plaintiffs became subject to the authority of the Secretary of Transportation and were thus exempt from the overtime pay requirements of the FLSA and the Wage Order." View "Deherrera v. Decker Truck Line" on Justia Law

"This appeal is heavy, very heavy, on procedure." Plaintiff-appellee Peggy Walton worked in the New Mexico State Land Office. She was a political appointee of the elected Republican Land Commissioner, Patrick Lyons. Lyons’s decision not to seek reelection for a third term put plaintiff's job at risk: as a political appointee, a new administration could easily dismiss her. To see that she remained employed with the state, Lyons appointed plaintiff to a senior civil service job where she’d be protected by state law against removal for political reasons. A local television reporter ran a report titled “[c]ronies move up as officials move out” - a report highly critical of Lyons and plaintiff. Another reporter introducing the story aired his view that plaintiff was “distinctly unqualified” for her new job and claimed the hiring was “rigged.” Ray Powell, the newly elected Democratic candidate, dismissed plaintiff. Eight days after making the decision to dismiss her but before announcing it publicly, Powell held a meeting with the land office’s advisory board; "glared across the conference table" at plaintiff, spoke of the television news report denouncing her appointment; and, referring to her in all but name, said he “was concerned about . . . ‘protected employees’” who “for some reason didn’t have to meet the leadership criteria” for their appointments. Plaintiff sued when she was dismissed, arguing that she was a protected civil service employee, and under New Mexico Law, Powell had unlawfully retaliated against her for exercising her right to free political association in violation of the First Amendment and 42 U.S.C. 1983. In reply and at summary judgment. Powell claimed qualified immunity. But the district court denied the motion and set the case for trial. Powell appealed, and finding no reversible error, the Tenth Circuit affirmed denial of summary judgment. View "Walton v. NM State Land Office" on Justia Law

Plaintiffs were then-current and former hourly employees in the slaughter and fabrication operations of a beef-processing plant in Greeley, Colorado, now owned by JBS USA, LLC (JBS). Plaintiffs were paid under the terms of collective-bargaining agreements negotiated between the United Food and Commercial Workers International Union (the Union) and JBS. Plaintiffs filed suit against JBS in October 2010, claiming that they did not receive compensation required by the Fair Labor Standards Act (FLSA). The disputes concerned when the work day began, when it ended, and what, if any, compensation was due when the production lines halt for a 30-minute meal break. After a bench trial the United States District Court for the District of Colorado found that Plaintiffs had failed to carry their burden of proof and entered judgment in favor of JBS. Finding no reversible error to the district court's judgment, the Tenth Circuit affirmed. View "Castaneda v. JBS S.A." on Justia Law