Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

Petitioner American Federation of Government Employees Local 1592 (Union) appealed a Federal Labor Relations Authority (FLRA) decision made in favor of the Department of the Air Force, Ogden Air Logistics Center, Hill Air Force Base, Utah. The FLRA rejected the Union’s claim that Hill committed an unfair labor practice when it denied the request of its then-employee Joseph Ptacek Jr. to have a union representative present during questioning by the Air Force Office of Special Investigations (AFOSI) about his misuse of a work computer. The claim rested on a provision of 5 U.S.C. sec. 7101 et seq., that provided federal employees who belonged to a union with the right to the presence of a union representative when questioned about matters that could lead to discipline. The FLRA relied on President Carter’s Executive Order 12,171, which exempted AFOSI from coverage under the Labor-Management Statute. After review, the Tenth Circuit concluded section 7103(b)(1) and Executive Order 12,171 extinguished any right to have a union representative present during a proper AFOSI interrogation, and as such, denied the Union’s petition. View "American Fed. of Gov. Employee v. FLRA" on Justia Law

Plaintiffs-Appellants Blake Brown, Dean Biggs, Jacqueline Deherrera, Ruth Ann Head, Marlene Mason, Roxanne McFall, Richard Medlock, and Bernadette Smith appealed a summary judgment order upholding Defendants-Appellees Thomas E. Perez, Secretary of Labor, United States Department of Labor, and the Office of Workers Compensation’s (“OWC”) (collectively, “the agency”) redactions to documents they provided to Plaintiffs pursuant to the Freedom of Information Act, (“FOIA”). Plaintiffs were former federal civilian employees eligible to receive federal workers compensation benefits. If there was a disagreement between a worker’s treating physician and the second-opinion physician hired by the OWC, an impartial “referee” physician was selected to resolve the conflict. The referee’s opinion was frequently dispositive of the benefits decision. To ensure impartiality, it is the OWC’s official policy to use a software program to schedule referee appointments on a rotational basis from a list of Board-certified physicians. Plaintiffs suspected that the OWC did not adhere to its official policy, but instead always hired the same “select few” referee physicians, who were financially beholden (and presumably sympathetic) to the agency. To investigate their suspicions, Plaintiffs filed FOIA requests for agency records pertaining to the referee selection process. Because the Tenth Circuit found that the FOIA exemptions invoked by the agency raise genuine disputes of material fact, the Court reversed and remanded for further proceedings. View "Brown v. Perez" on Justia Law

Kris Olson managed a warehouse for Penske Logistics, but Penske fired him while he was on medical leave. He filed suit under the Family and Medical Leave Act (FMLA), alleging Penske had unlawfully interfered with his FMLA rights. Penske moved for summary judgment, arguing that because of his poor job performance, Olson would have been fired even if he had not taken leave. Penske’s motion was granted, and Olson appealed. Olson contended summary judgment was inappropriate because there was enough evidence for a jury to believe his termination was related to his leave. After careful consideration of Olson's arguments on appeal, the Tenth Circuit found no reversible error in the grant of summary judgment, and affirmed. View "Olson v. Penske Logistics" on Justia Law

Alphonse Maddin worked as a truck driver by Petitioner TransAm Trucking (“TransAm”). In January 2009, Maddin was transporting cargo through Illinois when the brakes on his trailer froze because of subzero temperatures. After reporting the problem to TransAm and waiting several hours for a repair truck to arrive, Maddin unhitched his truck from the trailer and drove away, leaving the trailer unattended. He was terminated for abandoning the trailer. Both an administrative law judge (“ALJ”) and Respondent, the Department of Labor (“DOL”) Administrative Review Board (“ARB”), concluded Maddin was terminated in violation of the whistleblower provisions of the Surface Transportation Assistance Act (“STAA”). He was ordered reinstated with backpay. TransAm filed a Petition for Review of the ARB’s Final Decision and Order to the Tenth Circuit which concluded that there was no reversible error in the ARB's decision, and affirmed. View "Transam Trucking v. Administrative Review Bd." on Justia Law

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