Futrell-Smith v. Brinker International

Summary

The Tenth Circuit affirmed the district court’s grant of summary judgment on the plaintiff’s §1981 and §2000a discrimination claims, finding she failed to establish a prima facie case because she offered no comparator. The court also held that the district court did not abuse its discretion in resolving a spoliation sanctions motion before deciding summary judgment and that the evidence relied upon was not inadmissible hearsay.