Denver City Staffer Suing Mayor's Office Over Lost Promotion, Ties to Election Opponent

A Denver employee is suing her boss, the city and the Mayor's Office for alleged professional retaliation over her connection to one of Mayor Mike Johnston's election challengers.

Jessica Calderon, 42, is the director of operations and innovation at the city's Office of Social Equity & Innovation. During the 2023 mayoral election, she supported candidate Lisa Calderón (no relation) and, up until earlier this year, was a member of Calderón's organization, the Latinos United Neighbors Association (LUNA).

Lisa Calderón ultimately came in third place in the mayor's race, with the seat going to Johnston. But Jessica Calderon's link to the failed candidate has resulted in her supervisor at the Denver Office of Social Equity & Innovation repeatedly questioning her about her work with LUNA and her loyalty to Johnston, according to the federal lawsuit filed in the U.S. District Court on Wednesday, November 20.

"You cannot be on both sides of the table," Calderon's boss, Denver Chief Equity Officer Ben Sanders, allegedly told her.

"[He said] she needed to decide what she would do, and she could not work for the Mayor and criticize the work of the City," the lawsuit reads.

When Calderon applied for a deputy executive director position this summer, she was denied the promotion in favor of Brian Firooz, a manager at Johnston's former company, Gary Community Ventures. Now she's crying foul.

The lawsuit claims that Calderon was more qualified for the deputy executive director position than Firooz because of her experience in the office and greater seniority with the local government, having worked for the city since 2004. It argues that her connection to Lisa Calderón was the primary reason that she did not receive the promotion, though it also alleges sex discrimination and national origin discrimination.

"The First Amendment provides clearly established fundamental rights and protections for public employees against workplace retaliation because of their political associations and affiliations with organizations advocating on matters of public concern," says Steven Murray, Calderon’s attorney. “Individuals do not lose all their First Amendment rights by accepting employment with the City and County of Denver."

Melissa Sisneros, spokesperson for the Denver City Attorney's Office, says the city cannot comment on pending litigation.

In addition to being passed up for the promotion, the lawsuit accuses Sanders of trying to "reduce Calderon's role and duties" by not letting her attend the budget presentation for her office, not supporting her efforts to fund a full-time position for the Digital Equity Plan she oversees, and criticizing the existence of positions under her supervision.

It lists incidents where Sanders allegedly "repeatedly confronted" Calderon after, in October 2023, she attended a LUNA meeting in which Lisa Calderón spoke "highly critical(ly)" of Mayor Johnston's actions.

"[Sanders told Calderon] he had hoped to place her in more high-level policy meetings, assignments and conversations with the mayor's team; however, they would need to 'trust her,'" the lawsuit reads. "Sanders stated he had hoped to 'build a bridge' with Lisa [Dr. Lisa Calderón], but she was 'a yeller,' and if Plaintiff Jessica Calderon were associated with Dr. Lisa Calderón, it could reflect poorly on Plaintiff Calderon."

In a separate incident in October 2023, Calderon claims Sanders "admonished" her after a meeting with the Department of Finance for answering questions about how reallocating funds to Johnston's Housing 1000 initiative would impact the Digital Equity Plan.

He said she "should show more support for Mayor Johnston" and the funding of his initiatives, according to the lawsuit.

After multiple such discussions from December 2023 through March 2024, Calderon says she stopped attending LUNA meetings out of fear for her job. According to the lawsuit, she received a lower score in her performance rating that February and was denied the promotion in May.
"Calderon had never given Sanders, the Mayor, or the Mayor's team any reason not to trust her concerning her work for the City," the lawsuit reads. "Sanders told Jessica Calderon she would need to decide what she would do regarding her association with Dr. Lisa Calderon and Plaintiff Calderon's role as a LUNA member. ... That if she would be in policy spaces for the Mayor, it was not a good look for her to associate with LUNA."

Calderon is requesting a jury trial and seeking back pay, compensatory damages and punitive damages in the case.

The lawsuit notes that Calderon was rejected for multiple promotion opportunities before this latest incident.

She interviewed for the chief equity officer position in August 2023, before Johnston ultimately selected Sanders for the role. In July 2021, prior to Johnston becoming mayor, Calderon applied for chief equity officer and deputy executive director but was unsuccessful in both pursuits.