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Denver wins important affirmative action case

February 10, 2003 - The U.S. Court of Appeals in Denver has upheld a Denver affirmative action ordinance establishing goals for racial minorities and women on city construction and professional design contracts. Mayer, Brown, Rowe & Maw LLP partner Eileen Penner represented the city on the appeal.

The court found that the city needed an affirmative action program to prevent the construction trades from discriminating against minorities and women. “The City has demonstrated a compelling interest in remediating racial discrimination in the Denver construction industry and an important governmental interest in remediating gender discrimination in that industry,” the court concluded.

The cities of Chicago, Las Vegas, Minneapolis, Phoenix, San Francisco, and a number of other groups joined in a brief supporting Denver’s position in the case, Concrete Works of Colorado, Inc. v. City and County of Denver.


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