Iris Halpern

PROFESSIONAL BACKGROUND

Iris Halpern is a partner at Rathod Mohamedbhai LLC. Iris has been tenaciously fight­ing for plain­tiffs and their civil rights for her entire legal career. Iris focuses on vindicating the rights of employees and students who have been victims of discrimination and oppression in the workplace or at schools, with expertise in constitutional law, federal and state employment and education antidiscrimination and civil rights statutes, and employment wage, hour, and leave laws.

Before joining Rathod Mohamedbhai, Iris worked at the Denver Field Office of the Equal Employment Opportunity Commission, ultimately serving as the Senior Trial Attorney and an Acting Supervisory Attorney. At the EEOC, Iris tried multiple lengthy and complex trials including serving as lead attorney on EEOC v. JBS USA, LLC, a month-long trial involving hundreds of Somali, Muslim refugees who were denied religious accommodation and harassed. The case resulted in a $5.5 million settlement. Iris also litigated many large class sexual harassment lawsuits while at the EEOC including EEOC and Baltazar et al. v. Vail Run Community Resort Association, which was awarded the Colorado Trial Lawyers Association Case of the Year Award in 2016.

Iris cares passionately about her clients and supports them at the forefront of today’s legal battles. At the EEOC Iris served as lead attorney on EEOC v. Deluxe Financial, Corp., a case which resulted in a consent decree recognizing the right of a transgender employee to be free from harassment and to use a restroom commensurate with her gender identity. It was one of the first three cases filed by the Commission seeking to have courts recognize gender identity as falling within the meaning of “sex” under Title VII. For her dedication, passion, and work at the EEOC, Iris received the 2016 Chair’s Honor Award. Currently, Iris is pioneering litigation under the First Amendment and state and federal anti-discrimination laws to hold library systems accountable for unlawful book bans and other forms of censorship targeting LGBTQ+ and racial minority communities and content in books, including advocating for librarians and other public employees who oppose such censorship and suffer adverse consequences as a result of doing so.  Her Colorado case, Parks v.  High Plains Library District et al., resulted in a first state agency finding and action by a state Attorney General’s Office on behalf of a librarian for opposing censorship. The case settled for significant monetary damages, but more importantly required the offending library district to revise its programming policies, report to the state periodically, adhere to non-discrimination mandates, and reduce the chances of partisanship and politics impacting library programming and materials.

Iris has published widely on various legal topics, particularly in electronic discovery in employment discrimination cases. She co-authored the chapter on a plaintiff’s perspective on e-discovery in the American Bar Association (ABA) & Bloomberg BNA treatise WORKPLACE DATA: LAW AND LITIGATION. Before entering the law, Iris was a Fulbright Scholar in Toronto, Canada, and a union organizer for the Service Employees International Union. She is active in the community and is involved with several advocacy organizations that battle wage theft, agitate for equality, and push for legislative change. She has testified, provided input, or helped draft important pieces of legislation in the state, including the Protecting Opportunities and Workers’ Rights Act (POWR Act) (SB23-172), the Updates to Employment Discrimination Laws Act (HB22-1367), Standards for Decisions Regarding Library Resources Act (SB24-216), Preventing Harassment and Discrimination in Schools Act (SB23-296), and Regulating Law Enforcement Use of Prone Restraint Act (HB24-1372), amongst others. Iris has taught employment law as an adjunct professor of law at Colorado Law, University of Colorado Boulder and Sturm College of Law at Denver University.

SELECT REPRESENTATIVE NON-CONFIDENTIAL CASES AND SETTLEMENTS 

Iris has obtained tens of millions of dollars in damages for hundreds of clients, but due to confidentiality, some unrestricted settlements are listed below:

* Parks v. High Plains Library District et al., CCRD/EEOC Charge (Colorado 2022) (first amendment violations, associational and advocacy discrimination based on race, sexual orientation, and gender identity, and retaliation) – $250,000 settlement, significant policy changes and other injunctive and equitable relief. * Wise v. Douglas County School District et al., CCRD/EEOC Charge (Colorado 2022) (associational and advocacy discrimination and retaliation claims based on race, sexual orientation, gender identity, disability, and breach of contract) – $832,000 settlement. * Waste Farmers v. Rosenthal et al., Trial Verdict, Civ. No. 2021-cv-33748 (Denver Dist. Ct. 2023) (disability, race, sexual orientation, and sexual harassment, and retaliation) – $1,410,000 million verdict after bench trial. * EEOC and Clark v. SFM, LLC, No. 21-cv-02600 (D. Colo. 2021) (disability discrimination and failure to accommodate) – $280,000 settlement with a consent decree. * Estate of Elijah Javon McClain et al. v. City of Aurora, Colorado et al., No. 20-cv-02389 (D. Colo. 2020) (police use of excessive and deadly force) – $15,000,000 settlement.  * Chavez et al. v. Board of County Commissioners of Lake County, et al., No. 18-cv-03249 (D. Colo. 2020) (sexual harassment and retaliation) – $875,000 settlement. * Flores et al. v. Victory Preparatory Academy et al., 18-cv-02916 (D. Colo. 2018) (first and fourteenth amendment retaliation) – $425,000 settlement. * C&P Family Farms Restaurants LLC d/b/a The White Fence Farms et al. v. Katina Gatchis, Case No. 2018cv30797 (Denver Dist. Court 2018) (race, national origin, and religious discrimination in commercial property lease) – $675,000 settlement. * EEOC et al. v. A&E Tire, Co., Civ. No. 1:17-cv-02362 (D. Colo. 2017) (sex/gender identity discrimination) – $60,000 settlement with consent decree. * EEOC v. Montrose Memorial Hospital, Civ. No. 1:16-cv-02277 (D. Colo. 2016) (age discrimination) – $400,000 settlement with consent decree. * EEOC v. The Coleman Co., Civ. No. 1:16-mc-00001 (D. Colo. 2016) (agency subpoena enforcement action under the ADA and for nationwide use of suspect separation agreement). * EEOC v. Columbine Health Systems et al., Civ. No. 1:15-cv-01597 (D. Colo. 2015) (disparate impact and disparate treatment based on national origin and race) – $330,000 settlement with consent decree. * EEOC v. Deluxe Financial, Corp., Civ. No. 15-cv-02646 (D. Minn. 2015) (sex/gender identity harassment) – $115,000 settlement with consent decree. * EEOC and Baltazar et al. v. Vail Run Community Resort Association, Civ. No. 1:15-cv-01592 (D. Colo. 2015) (sexual harassment, national origin and race discrimination, and retaliation) – $1,020,000 settlement with a five-year consent decree, including a bilingual outside monitor. * EEOC v. Smokin’ Spuds, Inc. d/b/a MountainKing Potatoes, Civ. No. 1:14-02206 (D. Colo. 2014) (sexual harassment) – $450,000 settlement with consent decree, including a bilingual outside monitor. * EEOC v. Dish Network, LLC, Civ. No. 1:13-cv-03294 (D. Colo. 2013) (agency subpoena enforcement action in nationwide investigation under the ADA for unlawful internet application process) – $1,250,000 publicly conciliated settlement. * EEOC v. BOK Financial Corp. d/b/a Bank of Albuquerque, Civ. No. 11-cv-01132 (D.N.M. 2012) (sex and age discrimination) – $230,000 settlement with consent decree. * EEOC v. The Original HoneyBaked Ham Company of Georgia, Inc., Civ. No. 1:14-02560 (D. Colo. 2011) (sexual harassment) – $370,000 settlement with consent decree. * EEOC v. the Spud Seller, Inc., Civ. No. 10-cv-02381 (D. Colo. 2010) (sexual harassment and retaliation) – $255,000 settlement with consent decree. * EEOC v. Maverik County Stores, Civ. No. 10-cv-00212 (D. Wyo. 2010) (discrimination based on HIV+ status) – $115,000 settlement with consent decree. * EEOC v. JBS USA LLC d/b/a JBS Swift & Co., Civ. No. 1:10-cv-02103 (D. Colo. 2010) (religious, race, and national origin discrimination and harassment, failure to accommodate, and retaliation) – $5,500,000 settlement with consent decree.

AWARDS

• Colorado LGBTQ Bar Association (CLBA) Attorney of the Year (2024)
• Colorado Plaintiff Employment Lawyers Association (PELA) Case of the Year Parks v. High Plains Library District et al. (2024)
• Super Lawyers “Super Lawyer” — Employment Litigation (2023-24)
• 5280 Magazine “Top Lawyers” Labor/Employment: Plaintiff (2021-24)
• Equal Employment Opportunity Commission Chair’s Honor Award (2016)
• Colorado Trial Lawyers Association (CTLA) Case of the Year, EEOC and Baltazar et al. v. Vail Run Community Resort Association (2016)
• Award of Service to the Government of the United States of America (2015)
• United States-Canada Fulbright Scholar, United States Fulbright Commission (2009-2010)

SELECT PUBLICATIONS

• In Plain Sight: A History of Discrimination in Labor and Employment Laws, Trial Talk, Colorado Trial Lawyers Association, (January – March 2022)
• Infrastructure and Inequality: Gender, Race, and the Country’s Future Economic Growth, The 1891 Blog, Colorado Women’s Bar Association (August 4, 2021)
• “I Can’t Breathe”: What the Coronavirus Pandemic and George Floyd Protests Have Taught Us About Race, The 1891 Blog, Colorado Women’s Bar Association (January 23, 2021)
• Fallout From the Coronavirus: A World Awakens to a New Deadly Threat in the Workplace, The 1891 Blog, Colorado Women’s Bar Association (August 14, 2020)
• Workers’ Rights Q&A: Dealing with Discrimination in the Workplace, Denver Post (May 17, 2020)
• Q&A: What Are My Rights During COVID, Denver Post (May 3, 2020)
• Using the Rules of Evidence in Discovery to Protect Plaintiffs in Sexual Harassment Cases, in Colorado Trial Lawyers Association’s TRIAL TALK (June/July 2019)
• E-Discovery in the Workplace: Employee Perspective, in American Bar Association (ABA) & Bloomberg BNA 2014 Treatise Supplement WORKPLACE DATA: LAW AND LITIGATION (Robert Sprague ed., 2014)
• E-Discovery in the Workplace: Employee Perspective, in American Bar Association (ABA) & Bloomberg BNA Treatise WORKPLACE DATA: LAW AND LITIGATION (Robert Sprague ed., 2013)
• Taming the Digital Demon, A Practical Guide for Managing Aggressive ESI Discovery Requests from Defendants, National Employment Lawyers Association (Working Paper), The Summit for Workers’ Rights (January 2013)
• Rape, Incest, and Harper Lee’s To Kill A Mockingbird: On Alabama’s Legal Construction of Gender and Sexuality in the Context of Racial Subordination, Columbia Journal of Gender and Law (Volume 18, Issue 3, 2009)
• Tracing the Contours of Transnational Corporations’ Human Rights Obligations in the Twenty-First Century, Buffalo Human Rights Law Review (Volume 14, 2008)

SELECT PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

• One Col­orado, Current Board Mem­ber & Former C4 Chair
• Col­orado Women’s Bar Association, Current Co-Chair Public Policy Committee
• Jobs with Justice Colorado Chapter, Current Board Member
• Col­orado Bar Asso­ci­a­tion, Current Member Labor & Employ­ment Section
• Col­orado LGBT Bar Association, Current Member and Judicial Relations Committee Volunteer
• Col­orado Trial Lawyers Association, Current Member
• Colorado Plaintiff Employment Lawyers Association, Current Member
• Adjunct Faculty, Sturm College of Law, University of Denver,
  Denver, Advocacy for Workers: Plaintiffs’ Employment Law (2022)
• Adjunct Faculty, University of Colorado School of Law,
  Boulder, Employment Discrimination (2020)
• Commissioner, Denver Women’s Commission (Chair of Legislative Committee) (2021-2024)

SELECT ACADEMIC LECTURING AND SPEAKING ENGAGEMENTS

* Updates in Federal and Colorado Employment Law, Colorado Bar Association Labor & Employment Section, 2024 Annual Law Conference (September 25, 2024). * Updates in Employment Law and Possible Intersection with Personal Injury Claims, Colorado Trial Lawyers Association, 2024 Annual Convention (August 10, 2024).* Know Your Legal Rights: Librarians and Book Bans, Library Advocacy and Funding Conference, 2024 Annual Conference (July 24-26, 2024). * Available Claims at the Hiring Stage, National Employment Lawyers Association, 2024 National Annual Conference (June 29, 2024). * How to Succeed… Perspective from the Bench and Practitioners on Both Sides of the Aisle, Faculty of Federal Advocates (November 14, 2023). * CALCON Boucher Keynote on Intellectual Freedom, Keynote Speaker Address, Colorado Library Association – Information Freedom Committee (October 14, 2023). * Understanding the POWR Act, DU Sturm College of Law (October 6, 2023). * The 2023 Colorado Legislative Update: POWR Act and More, Plaintiff Employment Lawyers Association, 2023 Annual Conference (September 14, 2023). * Current Developments in Employment Law, American Law Institute Continuing Legal Educations (ALI CLE), 2023 National Annual Conference (July 20-22, 2023). * Federal and State Updates in Employment Law, Colorado Bar Association/Labor and Employment Section, 2023 Annual Employment Law Conference (April 27, 2023). Representing Marginalized Workers, Lawyering for Economic Justice Summit (January 27, 2023). * Roundtable on the Changing Employment Law Landscape in a Post-Covid Era, Labor & Employment Section of the Colorado Bar Association (October 21, 2021). * When Personal Injury and Employment Discrimination Intersect: Employment Claims When a Plaintiff is Injured On or Off the Job, Colorado Trial Lawyers Association, 2021 Annual Conference (August 6, 2021). * Covid-19 in the Workplace: An Updated Perspective for Employees and Employers, Lawline Online Course (May 18, 2021). * Cultivating LGBTQ Inclusive Law Firms, Colorado Bar Association and the Center on Colfax, Webinar (Dec. 8, 2020). * Advocating for Employees in the Workplace During the COVID-19 Pandemic, Lawline Online Course, (Sept. 18, 2020). * The Meaning of Sex – Sexual Orientation & Transgender Status Under Title VII, Labor and Employment Relations Association, Rocky Mountain Chapter (September 15, 2020). * Employee Rights During COVID-19, University of Denver Webinar (June 22, 2020). * Electronically Stored Information, Colorado Trial Lawyers Association (June 18, 2020). * Small Law Firm Accessibility and Civil Rights Compliance: ADA, CADA, and More, Solo-Small Firm Institute, Solo-Small Firm Section of the Colorado Bar Association (June 12, 2020). * Electronically Stored Information in Civil Rights Cases, Civil Rights Section of the Colorado Bar Association (March 12, 2020). * Employment Discrimination Law: Supreme Court and Circuit Court Update, Civil Rights and Labor & Employment Sections of the Colorado Bar Association (November 12, 2019). * Federal Employment Discrimination Laws (LGBTQ Employees and Title VII), Colorado LGBT Bar Association (October 15, 2019). * Investigation and Discovery in Sexual Assault and Harassment Cases, in Civil Justice for Victims of Sexual Harassment & Assault in the #MeToo Era, Colorado Trial Lawyers Association (September 13, 2019). * Broader Per­spec­tives on #MeToo – Thoughts on Hos­tile Work Envi­ron­ments from Inside and Out­side the EEOC, Employ­ment Law Con­fer­ence, Col­orado Bar Asso­ci­a­tion (Sep­tem­ber 2018). * Sex­ual His­tory Ques­tions Under FRE 412, PELA Brown Bag CLE (Feb­ru­ary 2017).