One of the city workers whose job was terminated in Denver's sweeping layoffs last month already had a standing lawsuit against the city — but she just found some reprieve.
A U.S. District Court judge has ruled that the employment status of Jessica Calderon — who sued the Mayor’s Office and the Mayor’s Chief Equity Officer in August 2024 — is subject to further legal arguments, meaning she can maintain her salary, benefits and status for now.
Her 2024 lawsuit outlined several years of grievances she had while working under Mayor Michael Hancock and Mike Johnston’s administrations.
Calderon, who worked for the city for two decades, told Denverite she felt that she was targeted for vocally supporting Lisa Calderón (no relation), one of Johnston’s opponents in the 2023 mayoral election, and for being part of Latinos United Neighbors Association, an advocacy group that has been critical of the mayor.
Calderon alleged that her outspokenness cost her resources and a promotion, resulted in poor performance reviews, and left her feeling isolated from the rest of her department.
A year after her complaint was filed, Calderon was among the 171 city workers who were laid off amid a major budget deficit. At the time, she was working as a director in the Mayor’s Office of Social Equity and Innovation.
Calderon and her lawyers asked a judge to maintain her salary, benefits and employment status until the lawsuit is resolved.
Calderon asked for a temporary restraining order against the termination until a court can issue a judgment following more developed legal arguments.
On Wednesday evening, a judge granted that request, meaning her pay, benefits and employment status have been extended until the two parties meet at some point in the near future.
At that hearing, the two parties will present more robust legal arguments for whether Calderon’s employment status should be extended until the lawsuit is resolved.
The order said the city argued that granting the motion would “erode[] the fiscal integrity of the layoff plan and the Mayor’s budgetary goals” and would “inspire other employees to sue in an attempt to ‘block or delay’ the layoffs”.
Judge Nina Y. Wang disagreed, writing that copycat litigation would need to satisfy multiple factors before being taken seriously, and that Denver has not “submitted evidence to substantiate” the claim that it erodes the city’s fiscal integrity.
“[The City and County of Denver contends] that because [Calderon] was laid off pursuant to the layoff plan, she cannot show her termination was ‘accompanied by evidence of improper motive.’ The Court respectfully disagrees,” Wang wrote in the motion on the temporary restraining order.
What's next?
The judge could opt to not make the restraining order permanent based on the future preliminary injunction hearing. But Calderon’s lawyer Steven Murray said the ruling is a good sign that it will be extended until the end of the lawsuit.
“We feel very good about our entire case,” Murray said.
Calderon praised the judge’s decision, adding that she is happy that the case will continue in court.
“I was very grateful to have some of this heard by the court, and so very grateful that we'll have the opportunity to present more information because of everything that has gone on,” she said.
The Mayor’s office has not responded to Denverite’s request for comment as of Thursday afternoon. This story will be updated when and if they respond.
