Tag: Tenth Circuit

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Update on FCRA: New Court Decision, New FACTA Regs

by Sam Fulkerson A new decision from the Tenth Circuit makes an important distinction about what constitutes a “consumer report” under the Fair Credit Reporting Act (FCRA). In addition, new amendments under the Fair and Accurate Credit Transactions Act (FACTA) designed to prevent identity theft amended the FCRA effective November 1, 2008. Let’s look at […]

Is Breaking the Law Protected Activity by Employees When Filing an EEOC Charge?

Imagine this: One of your employees violates company policy and state law by disclosing confidential company records to the Equal Employment Opportunity Commission (EEOC) to buttress her discrimination charge. After learning about the activity, you fire the employee — who then sues you, claiming you retaliated against her for filing an EEOC charge. Does an […]

Employer Has Close Call in Discimination Case

by Tara Eberline The full Tenth U.S. Circuit Court of Appeals has overturned an earlier ruling by a three-member panel of the same court by ruling that an employee didn’t have enough evidence of national origin discrimination to submit his claims to a jury. The case, which has received national attention, arose after the employer […]

Conducting a Good-Faith Workplace Investigation

Employers all know the importance of investigating allegations of misconduct, discrimination, and harassment in the workplace. But even so, that practice sometimes falls by the wayside when times get busy. Here’s a look at a recent Tenth U.S. Circuit Court of Appeals decision on workplace investigations. Workplace Investigations: The HR Manager’s Step-by-Step Guide Making mischief […]