Nearly every single EEOC Charge of Discrimination filed by a
former employee is resolved with the employment relationship
permanently severed. In nearly all cases, after pursing litigation,
both parties are happy to go their separate ways. And, in
employment litigation, rarely will a court ever order an employer
to accept an employee back into the workplace. The reasoning is
simple – after years of acrimonious litigation, it is
unlikely the plaintiff and the employer could ever work together
again. But the Tenth Circuit does not care about your workplace
harmony or employee culture.
In Tudor v. Se. Okla. State Univ., a transgender
professor sued Oklahoma State University claiming that she was
unlawfully denied tenure. She won, and then asked for
reinstatement. The district court denied her request, noting six
years of acrimonious litigation likely precluded the parties from
working well together in the future. The Tenth Circuit disagreed
and ordered the plaintiff be
