Lowrey Parady and Towards Justice Recover Over $800,000 for Wage Theft and Discrimination in Denver’s Construction Industry
In two settlements an Atlanta-based construction company and its labor broker, Lowrey Parady and cocounsel from wage nonprofit Towards Justice recovered over $800,000 in unpaid overtime and wages and compensation for discrimination for a class of up to 200 drywall workers who worked on the SkyHouse Denver luxury condominium building.
A federal judge approved the class portion of the settlements on November 29, 2017. Coverage of the settlements from The Denver Post can be found here.
ACLU of Colorado and Lowrey Parady File Police Brutality Suit
Acting as cooperating counsel for the ACLU of Colorado, Sarah Parady and Ben Lebsack have filed suit on behalf of Dwight C. Crews, a 60-year-old Black man who was arrested inside his home without a warrant and forcefully thrown to the ground without provocation by Aurora police, after he pointed at his cat when the animal escaped through the open door.
The case is one of several filed by the ACLU of Colorado against Aurora officers in 2017. ACLU cooperating attorneys work as co-counsel with the ACLU on a pro bono basis.
For more information about the case, read the ACLU press release here.
Lowrey Parady and Cocounsel Win $2.45 Million ADA & FMLA Jury Verdict
A trial team of Paul Maxon and Lowrey Parady partner Sarah Parady won a $2.45 million dollar verdict on behalf of client John Hayes after a five-day jury trial in the U.S. District Court for the District of Colorado.
A longtime employee of SkyWest Airlines with chronic kidney disease, Mr. Hayes was cleared by his doctors to return to work after surgery to place a catheter to begin dialysis. Yet one week after his return, he was placed on involuntary unpaid medical leave by the airline and was never permitted to return to work.
The Denver Post covered the verdict, in which a Denver jury found in Mr. Hayes’ favor on all of his claims, including failure to accommodate, discrimination, and retaliation under the ADA, as well as retaliation under the FMLA.
Sarah Parady Awarded 2017 “Barrister of the Year Award” by GLBT Center of Colorado
S arah Parady has been recognized as the GLBT Center of Colorado’s Barrister of the Year for her commitment to the protection of civil rights for all Coloradans, and particularly her work with the organization’s attorney referral program for members of the LGBT community.
Mary Jo Lowrey and Sarah Parady Selected as 2017 Super Lawyers Rising Stars
P artners Mary Jo Lowrey and Sarah Parady have been selected as a Colorado Super Lawyers Rising Stars. This is Mary Jo Lowrey’s fifth year in a row, and Sarah Parady’s second, as a Rising Star.
Super Lawyers is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.
Only five percent of Colorado attorneys are selected for inclusion in Super Lawyers each year.
For more information, visit the Super Lawyers webpage here.
Ben Lebsack Elected to 2016-2017 Colorado Trial Lawyers Association Board of Directors
Ben Lebsack, Of Counsel to Lowrey Parady, LLC, has been elected to serve a term on the Board of Directors of the Colorado Trial Lawyers Association by the members of the association.
With over 1,300 members across Colorado, the CTLA is the largest specialty bar association in the state. The association provides continuing legal education and training to trial attorneys in addition to networking opportunities, resources and professional development activities. CTLA also actively promotes individual rights through amicus briefs and the legislature.
LP, LLC Client Jennifer Blair Achieves Trans-Inclusive Changes to 9HealthFair.Org Website
With the help of partner Sarah Parady, Denver resident Jennifer Blair filed a Charge of Discrimination with the Colorado Civil Rights Division against 9HealthFair, a nonprofit that sponsors health fairs throughout the state of Colorado.
Ms. Blair pointed out that 9HealthFair’s website did not allow trans individuals to register for appropriate medical services and contained language that was not trans-inclusive. Upon receipt of Ms. Blair’s Charge, the organization came to the table and agreed to make the needed changes. Lowrey Parady congratulates Ms. Blair on her successful activism on behalf of her community.
Construction Workers Allege Stolen Wages and Pervasive Discrimination at SkyHouse Denver and Across the Country
Workers at SkyHouse Denver filed a class action lawsuit on behalf of thousands of construction workers nationwide alleging a pattern of wage theft and discrimination at construction sites around the country. The lawsuit against contractors and labor brokers who move vulnerable, immigrant workers around the country to fill construction jobs, describes Defendant’s systematic exploitation of workers by refusing to pay them for all of the hours they work, refusing to pay overtime for hours worked in excess of 40 hours per week, and pervasive sex and race discrimination that results in Latina female workers being paid less while performing harder and more dangerous work than other employees.
“The treatment our clients experienced while working at SkyHouse Denver would shock most of the ‘next generation professionals’ who SkyHouse targets as potential residents,” said Towards Justice Executive Director Nina DiSalvo. “Those residents and our community simply cannot tolerate open sexual harassment, routine failure to pay workers for their labor, or denial of workplace opportunities on the basis of gender. Today, these brave workers demand better.”
“Too often the layers of developers, labor brokers, contractors and subcontractors within the construction industry hide behind and blame each other when confronted with workplace rights violations on their job sites,” explained Towards Justice Attorney David Seligman. “Luckily, the law pierces through these relationships, allocates responsibility to all of these players, and ultimately holds them to account for cheating vulnerable immigrant workers.”
“I worked hard for my money, and I feel like they stole it from me,” said Plaintiff Violeta Solis. “It’s scary to file a lawsuit. But I want to get my money back, and I also want to help represent all of the other workers whose money they stole. They can’t intimidate us.”
Plaintiffs are represented by Lowrey Parady, LLC and Towards Justice.
Media Contact: Nina DiSalvo, (970) 403-5694, firstname.lastname@example.org.
Lowrey Parady Files Complaint on Behalf of Peruvian Visa Workers
L owrey Parady and Jenifer Rodriguez of the Migrant Farmworker Division at Colorado Legal Services have filed a Fair Labor Standards Act Collective Action against a Glenwood Springs Ranch, its owners, their tourism company (High Canyon Adventures), and the organization that recruits visa laborers for ranches in the United States, the Western Range Association.
As alleged in the Complaint, the Plaintiffs, Pines Vivas Moreno, Gerson Salvatierra Hinostroza, and Jesus Salvatierra Hinostroza, are only three among the many men who have been recruited over the years to travel from Peru to the United States to work on this Colorado ranch as sheepherders through the “H-2A Visa” program.
Each of the men accepted a job offered by Western Range Association representatives in Lima, Peru who told them they would be working as sheepherders on a sheep ranch in Colorado and would be provided with sufficient food, water, and housing, in addition to wages which would enable them to provide for their families. WRA illegally required the Plaintiffs to pay extensive fees and expenses in order to obtain their visas.
However, upon their arrival at Bair Ranch, plaintiffs found themselves spending very little time caring for sheep out on the range. Instead, they spent most of their time working unrelenting 15- and 16-hour days, maintaining the grounds and guest cabins used by tourists vacationing at High Canyon Adventures or working in the surrounding alfalfa fields. Rather than receiving the proper hourly minimum wage and overtime pay required for this “ranch hand” labor, plaintiffs were paid at the far lower H-2A sheepherder wage of just $750 per month.
For more information, read our press release here.
Sarah J. Parady Selected as Colorado Women’s Bar Association 2016-2017 Board Member
T he Colorado Women’s Bar Association has announced the selection of Sarah Parady as a Board member for the third year. Ms. Parady will serve as Co-Chair of the organization’s Public Policy Committee.
The Public Policy Committee works to promote and protect the interests of women and children by monitoring national, state, and local legislation; case law; administrative and constitutional developments; and the print, online and broadcast media as they affect the legal profession, the judiciary, and the interests of women and families.
The Committee also coordinates with the CWBA’s lobbyists; makes recommendations to the CWBA Board of Directors regarding whether the organization should support or oppose legislation; and organizes an advocacy network of CWBA members who contact legislators, write letters or testify before a legislative committee. The committee also coordinates the amicus activities of the CWBA.
Partner Mary Jo Lowrey served as Co-Chair of the organization’s Public Policy Committee in the 2013-2014 year and remains an active committee member.
For more information, visit the CWBA website here.
Mary Jo Lowrey Selected as Chair of Towards Justice Development Advisory Board Committee
M ary Jo Lowrey has been selected as the Chair of the Towards Justice Development Advisory Board Committee. Towards Justice is a legal non-profit who provides legal services to low-wage workers and is dedicated to combating wage theft. As Chair of the Development Advisory Board, Mary Jo will be working with Towards Justice’s fundraiser efforts and be organizing the organization’s annual fundraising event.
To learn more about Towards Justice visit their website here.
Mary Jo Lowrey to Serve on PELA Board of Directors; Sarah J. Parady Elected PELA President
M embers of the Colorado Plaintiff Employment Lawyers Association (PELA) have selected Sarah J. Parady to serve as the organization’s 2016 President. Mary Jo Lowrey will continue in her role as a Director of the organization, to which she was elected in 2014.
PELA promotes and increases public awareness of employee rights and provides educational opportunities, information and assistance to attorneys who represent employees. PELA is a proud affiliate of NELA, the National Employment Lawyers Association.
For more information, visit the PELA website here.
Colorado Bar Association Selects Sarah J. Parady to 2016 Leadership Class
S arah Parady has been selected as one of just 20 members of the 2016 class of the Colorado Bar Association Leadership Training (COBALT) program.
COBALT brings together lawyers from different practice areas with a variety of experiences from across Colorado to enhance, promote and inspire the leadership of the legal profession.
For more information, visit the COBALT webpage here.
Sarah J. Parady Receives Martindale-Hubbell AV Preeminent Rating
P artner Sarah J. Parady has received a Preeminent rating from Martindale-Hubbell for 2014 and 2015 based on input from peers in the legal community.
Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories – legal ability and general ethical standards. The AV Preeminent rating reflects the highest scores in both ethical standards and legal ability.
Lance Hernandez, “Denver Resident Sues Hospital Alleging He Was Denied Access to a Patient, Assaulted by a Guard,” 12/28/17.
Noelle Phillips, “Denver Gender Activist Files Discrimination Lawsuit Against Aurora Hospital and Its Security,” Denver Post, 12/27/17.
Dave Young, “Workers On Luxury Denver Building Win $800,000 Settlement,” KDVR.org, 12/20/17.
Joe Rubino, “Workers, Advocates Celebrate Settlements in SkyHouse Denver Wage Case,” The Denver Post, 12/20/17.
Adrian D. Garcia, “Denver Construction Workers Recover More Than $800,000 After Facing Wage Theft, Discrimination,” Denverite, 12/20/17.
Michael Roberts, “What Can Happen If You’re Black and Your Cat Gets Outside in Aurora,” Westword, 12/18/17.
Kirk Mitchell, “ACLU Accuses Aurora Police of Repeatedly Mistreating People of Color,” The Denver Post, 11/13/17.
Doug Chartier, “Jury Awards SkyWest Employee in Discrimination Case,” Law Week Colorado, 10/3/17.
Gregory Deffenbaugh, “Skywest Airlines forced to pay out over $2 million in discrimination suit,” KDVR.org, 9/28/17.
Kirk Mitchell, “Denver jury awards $2.45 million verdict to SkyWest Airlines employee,” The Denver Post, 9/27/17.
Sarah J. Parady, “Remedies for Workplace Sexual Violence,” The Colorado Lawyer (November 2016).
Ben Lebsack, “But I Earned Those Commissions, Didn’t I?” Trial Talk (June/July 2016) (Reprinted with permission of Trial Talk).
“A Handful of Apparently Misclassified Workers Illustrate Big State Problem,” Rocky Mountain PBS, 6/13/16.
“Lawsuit Accuses Denver Builders of Wage Theft, Sexual Harassment and Racism,” Colorado Independent, 6/8/16.
“Denver Construction Workers Allege Wage Theft,” Colorado Public Radio, 6/2/16.
“Denver Workers Sue Construction Companies,” Colorado Independent, 6/2/16.
Sarah J. Parady, “Termination for Failure to Sign Discriminatory Discipline: Surviving the Pretext Analysis,” Trial Talk (June/July 2015) (Reprinted with permission of Trial Talk).
Ben Lebsack, “A Funny Thing Happened on the Way to the Forum: It Moved and Your Client Agreed to Litigate There,” Trial Talk (June/July 2015) (Reprinted with permission of Trial Talk).
“Transgender woman’s lawsuit leads to CDC policy change for breast cancer screenings,” 9News.com, 12/23/13.
“For Transgender Patients, a Growing Fight Over Health Coverage,” ProPublica, 10/22/13.
“Transgender woman sues after being denied free breast cancer screening,” 9News.com, 10/14/13
Mary Jo Lowrey, “The Valuable Administrative Process: Advantages and Idiosyncrasies of Filing a Charge of Discrimination with the Colorado Civil Rights Division,” Trial Talk (June/July 2013) (Reprinted with permission of Trial Talk).
“Lawsuit seeks to void Colorado primary, raising concerns for November,” Denver Post, 8/27/12.
“Worker Says Boss Set His Hair on Fire,” Courthouse News Service, 7/23/12.
“Rebekah Cook-Mack and Sarah Parady Author Article on Enforcing Home Loan Modification Program,” skaddenfellowships.org, 12/15/10.
“Brighton homeowner in fight to stop foreclosure,” Denver Post, 11/12/09.
“Jeffco bias suits’ tab: $766,000,” Denver Post, 9/10/09.
Mary Jo Lowrey & Robert J. Truhlar, “Understanding Provisions of the Colorado Wage Claim Act When Representing Terminated Employees: Timing and Penalties,” Trial Talk (June/July 2009).
“Fired Jeffco staffers file suit,” Denver Post, 11/12/08.
United States Equal Employment Opportunity Commission
The EEOC is responsible for enforcing many of our federal anti-discrimination laws and can accept Charges of Discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), among other statutes.
Denver Field Office
303 E. 17th Avenue, Suite 410
Denver, Colorado 80203
800.669.4000 | website
Colorado Division of Civil Rights
The Colorado Division of Civil Rights oversees Colorado anti-discrimination laws in matters of employment, housing, and public accommodation. The CCRD accepts Charges of Discrimination filed under the Colorado Anti-Discrimination Act (CADA) and can accept Charges filed under federal law on behalf of the EEOC.
1560 Broadway, Suite 1050
Denver, CO 80202
303.894.2997 | website
Colorado Department of Labor & Employment
The Colorado Department of Labor & Employment provides information and resources on areas including unemployment compensation, wage theft, and workers’ compensation.
633 17th Street, Suite 201
Denver, CO 80202-3660
303.318.8000 | website
Occupational Safety & Health Administration
The Occupational Safety & Health Administration (OSHA) assures safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.
Denver Area Office
1391 Speer Boulevard, Suite 210
Denver, Colorado 80204-2552
303.844.5285 | website
Englewood Area Office
7935 East Prentice Avenue, Suite 209
Englewood, Colorado 80111-2714
National Labor Relations Board
The National Labor Relations Board (NLRB) is charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices.
Byron Rogers Federal Office Building
1961 Stout Street, Suite 13-103
Phone: 303.844.3551 | website