10th Circuit Favors PERA in Discrimination Dispute

Summary judgment upheld regarding gender, racial and nationality discrimination claims

A discrimination and retaliation lawsuit brought against PERA reached a likely final resolution in the 10th Circuit Court of Appeals, which found PERA was not involved in wrongdoing in the case.

The opinion came with a 51-page breakdown of six claims that the district court decided on summary judgment as well as others that had not been fully argued before the lower court. The lengthy opinion wrapped up a case that originated in 2012 and included a long list of claims against the public pension fund and a lightning round of oral arguments that dealt with the many issues of the case. The opinion affirmed the district court’s summary judgment that had dismissed six claims as well as one more — an Equal Pay Act retaliation claim —that the district court declined to present to the trial jury.“

It was something that PERA always felt strongly about,” said Meghan Martinez, a partner at Martinez Law Group who represented PERA in the case. “They knew they would be vindicated eventually. It was a long road, but they knew that what they had done was lawful.”

To read this story and other complete articles featured in the September 3, 2018 print edition of Law Week Colorado, copies are available for purchase online.