Main Navigation ABOUT SERVICES TEAM NEWS & INSIGHTS CAREERS LOCATIONS Press Releases Sherman & Howard Wins Defense Verdict for American Truck Business Services Following Jury Trial of Employment-Retaliation Claim by Former Employee Firm Gets Claims Against Executives for Aiding and Abetting Company’s Discrimination Dismissed as Case of First Impression DENVER, Colo. (November 9, 2021) — Sherman & Howard announced that it successfully defended its client American Truck Business Services (ATBS) against Colorado Anti‑Discrimination Act (CADA) claims filed by a former employee. The employee alleged that the company did not make sufficient workplace accommodations for him, then – when he filed a complaint with the Colorado Civil Rights Division about the lack of accommodations – ATBS executives retaliated against him, making workplace conditions intolerable for him. In addition to making claims against ATBS, the plaintiff brought claims against two of the company’s executives, the general manager and controller, alleging that they aided and abetted the company’s discrimination and retaliation against him. Specifically, he alleged that the controller micromanaged and yelled at him, and the general manager did nothing to stop it, causing his mental health to deteriorate to the point that it drove him to exit his employment with ATBS. Leading up to the trial, Sherman & Howard attorneys, Heather Fox Vickles and Amy Knapp, successfully argued to the court to dismiss the claims against the two executives as a case of first impression (i.e., a legal issue that has never been addressed in any reported case in the Colorado state courts). Vickles and Knapp persuaded the court that the two executives could not aid and abet the company, because aiding and abetting requires two distinct entities, and the corporate executives were not legally distinct from the company when they acted within the course and scope of their employment. Because ATBS was also a defendant, the plaintiff could not rightfully sue both the company and its executives. “Having the claims against ATBS’ two executives dismissed is very significant and demonstrates that a plaintiff cannot ‘double dip’ by suing both the company and its employees for aiding and abetting the company,” said Vickles. “Before trial, we also successfully filed for summary judgment to have the plaintiff’s failure-to-accommodate claims dismissed because ATBS took the right steps to meet the plaintiff’s requests.” ATBS accommodated the plaintiff with extended break times during the workday, a flexible schedule, a deeper investment in the plaintiff’s training, and more. When the plaintiff asked to work from home full time, ATBS refused, as the position plaintiff worked was not one that could be performed remotely. Shortly after, the plaintiff quit his job, then filed claims against the company and its two executives. According to Knapp, further research uncovered the plaintiff’s history of filing similar charges and lawsuits against other employers, and a falsified job application and resume that helped to call his credibility into question at trial. “This verdict is a positive note for employers who are sued for discrimination or retaliation and believe they treated the employee fairly,” said Knapp. “ATBS stood up for its principles at greater cost to itself than if the company had simply settled out of court, and that is a very important consideration for employers when dealing with individuals who bring frivolous claims against them or are serial litigators.” ABOUT THE FIRM Sherman & Howard L.L.C. is an Am Law 200 law firm with nine offices located in Colorado, Arizona, Nevada, Missouri, and New Mexico. Our attorneys provide high-quality legal and business solutions to a broad range of clients, including private, public, and government entities throughout the nation and abroad. We have preeminent capabilities in aerospace and government contracting, infrastructure and construction, financial services, natural resources, telecommunications, technology, manufacturing, consumer products and retail, and nonprofit industries. With more than two dozen attorneys who focus exclusively on estate and tax planning, as well as family and matrimonial law, Sherman & Howard also boasts one of the nation’s most respected private client practices. Alerts Blog Events Media Coverage Press Releases Speaking Engagements CONTACT US Albuquerque, NM Aspen, CO Colorado Springs, CO Denver, CO Las Vegas, NV 303.297.2900 Phoenix, AZ Reno, NV Scottsdale, AZ St. Louis, MO Steamboat Springs, CO STAY CONNECTED Subscribe to our mailing list to receive firm updates, advisories, and event invitations. Subscribe © 2021 Sherman & Howard L.L.C. All rights reserved. Privacy Policy Terms of Use Client Payment Portal