KELLOGG v. ENERGY SAFETY SERVICES INC.

No. 07-8072.

544 F.3d 1121 (2008)

Ireane KELLOGG, Plaintiff-Appellee, v. ENERGY SAFETY SERVICES INC., an Arizona corporation, doing business as, Oilind Safety LLC, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 15, 2008.


Attorney(s) appearing for the Case

Catherine MacPherson, Of Counsel, (Thomas A. Thompson, with her on the brief), of MacPherson, Kelly & Thompson, LLC, Rawlins, WY, for Defendant-Appellant.

Bruce S. Asay (Meredith F. Asay with him on the brief), of Associated Legal Group, LLC, Cheyenne, WY, for Plaintiff-Appellee.

Before HARTZ, HOLLOWAY, and O'BRIEN, Circuit Judges.


HARTZ, Circuit Judge.

Ireane Kellogg sued her former employer, Oilind Safety, under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12112 et. seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq. She claimed that Oilind (1) discriminated against her in violation of the ADA by firing her after she was diagnosed with epilepsy, and (2) denied her overtime payments to which she was entitled under the FLSA. The jury found for her on both...

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