Mathews v. Denver Newspaper Agency LLP, No. 09-1233 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant John Matthews appealed the district court’s decision that granted summary judgment to Defendant-Appellee Denver Newspaper Agency, LLP. Plaintiff worked for the Agency under a collective bargaining agreement as a unit supervisor. A female employee under Plaintiff’s supervision told the union steward that Plaintiff allegedly made inappropriate comments to her. The union investigated and recommended that Plaintiff be demoted from his supervisory position. Coincidentally, Plaintiff left work under a doctor’s certification that he could not return to work for medical reasons. Though “certain statutory employment discrimination claims” had previously been arbitrated between the parties, Plaintiff filed suit against the Agency in the district court, alleging his demotion was discriminatory and retaliatory. The Agency pointed to those previously arbitrated claims, and moved to have Plaintiff’s case dismissed. Believing the U.S. Supreme Court had already decided a case similar to Plaintiff’s, the district court used that Supreme Court case as the basis for its decision to dismiss Plaintiff’s case. The Tenth Circuit found that the district court relied on the wrong precedent. The Court held that the prior arbitration should not have precluded the entire case. Nevertheless, the Tenth Circuit found that Plaintiff could not establish his case of discrimination. Accordingly, the Court partly reversed, partly affirmed the lower court’s decision and remanded the case for further proceedings.
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