Riser v. QEP Energy

Plaintiff-Appellant Kathy Riser brought suit in federal district court alleging that Defendant-Appellee QEP Energy Company (QEP) discriminated against her on the basis of gender and age in violation of the Equal Pay Act (EPA), Title VII of the Civil Rights Act of 1964 (Title VII), and the Age Discrimination in Employment Act (ADEA). The district court granted summary judgment to QEP on all claims. After review of Riser's arguments on appeal, the Tenth Circuit affirmed in part, reversed in part, and remanded for further proceedings. The Court could not "say that QEP has 'prove[n] at least one affirmative defense so clearly that no rational jury could find to the contrary.'" The Court reversed the district court's grant of summary judgment to QEP on Riser's EPA claim. The Court also found that Riser established a prima facie case of pay discrimination under Title VII and the ADEA. The Court again reversed the district court's grant of summary judgment to QEP on Riser's Title VII and ADEA pay discrimination claims. The district court dismissed Riser's discriminatory discharge claims on the grounds that she had not established a prima facie case, and that even if she had, QEP had supplied a legitimate, non-discriminatory reason for the discharge that Riser did not show to be pretextual. The Tenth Circuit found that in her opening brief, Riser did not argue that she satisfied her prima facie case, but simply asserted a prima facie case existed and proceeded to argue that QEP's reasons for discharging her were pretextual. "Issues not raised in the opening brief are deemed abandoned or waived;" the district court was affirmed with regard to summary judgment on the discriminatory discharge claims under Title VII and the ADEA. View "Riser v. QEP Energy" on Justia Law