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“Barbara is an excellent resource, especially for complex Colorado matters.”

Chambers USA 2024

Overview

Barb represents employers inside and outside the courtroom.

She consults proactively with employers regarding workforce development and management issues based on her 25+ years of experience. On any given day, she may be providing pragmatic advice on topics such as hiring; discipline and terminations; harassment, discrimination, and retaliation; privacy and social media; medical and non-medical leave; reductions in force; executive employment; wage and hour matters; drug testing and cannabis; and employment handbooks, policies. and training.

In the circumstances where claims by employees or regulators cannot be avoided, she represents employers before agencies, in state and federal court, and in arbitration proceedings related to all aspects of the employment relationship, as well as in proceedings involving non-competition agreements, theft of trade secrets, and other business-related claims. Given her deep experience, Barb is often hired to conduct internal workplace investigations on a wide variety of legal and compliance topics.

As a leader of the firm’s Pay Equity team, Barb has overseen numerous multi-state and federal pay equity audits which can provide employers with defenses to the increasing numbers of pay-related claims across the country.

Barb is also highly experienced at defending public disability accommodation matters under Title III of the ADA, the Fair Housing Act, and various state statutes.

Barb serves as the Office Managing Partner for Husch Blackwell’s Denver office.

“Barbara is an excellent resource, especially for complex Colorado matters.”

Chambers USA 2024

Industry

Services

Recognition

  • Benchmark Litigation, Labor & Employment Star - West, 2018-2024
  • The Best Lawyers in America®
    • Commercial Litigation, 2016-2025
    • Employment Law - Management, 2016-2025
    • Litigation - Labor and Employment, 2021-2025
  • Chambers USA, Labor & Employment, 2021-2024
  • Colorado Super Lawyers, Employment & Labor, 2011-2021; Top 50 Women, 2012
  • Martindale-Hubbell AV Preeminent

Education

  • J.D., University of Colorado Law School
      • Order of the Coif 
      • University of Colorado Law Review
  • B.A., College of William and Mary

Admissions

  • Colorado
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Tenth Circuit

Professional Memberships and Certifications

  • Colorado Bar Association
  • Colorado Women’s Bar Association
  • Denver Bar Association
  • Faculty of Federal Advocates, 2006-present
Featured Experience

Strategic defense of a healthcare system against EEOC avoids trial.

After years of investigation and a failed conciliation, the Equal Employment Opportunity Commission (EEOC) filed claims against a healthcare system alleging systemic disparate impact discrimination, disparate treatment and retaliation under Title VII resulting from written health and safety tests given to care providers. Barb and the Husch Blackwell team guided the client through the extensive discovery and aggressive litigation tactics employed by the EEOC prosecutors to establish a strong statistics-based expert defense to the EEOC’s claims. After Barb and the team defeated the EEOC’s motion for summary judgment, rather than taking the risk of a public loss in front of a jury, the EEOC quickly agreed to settle the case.


Additional Experience

Healthcare Labor & Employment

  • Counsel multi-state healthcare employers on a variety of topics related to managing a remote workforce and unique and sometimes conflicting state employment law requirements.
  • Routinely provided regular advice and counsel to faith-based, non-profit healthcare organization on wide range of employment‐related matters.
  • Advised variety of specialized healthcare providers (hospitals, surgery centers, rehabilitation centers, physician practices) on day-to-day employment matters.
  • Defended healthcare providers against "vaccine discrimination" claims arising out of the COVID 19 pandemic.
  • Obtained favorable settlement in litigation brought by the EEOC on behalf of five former employees against health system alleging systemic race and national origin discrimination in which EEOC sought injunctive relief and back pay and compensatory damages.
  • Resolved on favorable terms multiple probable cause findings by the Colorado Civil Rights Division against hospital related to "English only" policies
  • Tried case against owner/physician alleging fraud, breach of fiduciary duty and civil conspiracy against medical practice and our client, the Chief Executive Officer (CEO). Jury came back with complete defense verdict for the CEO.
  • Defeated claims of discrimination, retaliation, unlawful discharge, unfair labor practices, and wage and hour violations against a variety of companies including those in healthcare sector.
  • Defeated injunction requested by pharmacy management company in "bet the company" non-compete case against specialty pharmacy and pharmacist.

Other Labor & Employment

  • Obtained favorable settlement of multiyear wage and hour collective action lawsuit brought by remote workers on behalf of employer and its executives.
  • Defended healthcare investment company and hospital developer in seven-day bench trial involving allegations related to non-compete agreements, tortious interference with contract and with prospective business advantage, and theft of trade secrets. Obtained complete defense judgment.
  • Obtained successful resolution of arbitration proceedings among financial brokerage firms concerning hiring of employees and "raid" claims.
  • Regularly provided advice and counsel to national food and beverage company, several food service franchisors and national hotel management company on wide range of employment matters.
  • Supervised numerous pay equity audits including for national companies including under the Colorado Equal Pay for Equal Work Act.
  • Represented client in lawsuit alleging violations of Fair Labor Standards Act (as well as the Colorado Wage Act and Colorado Minimum Wage Order Number 31) for unpaid overtime wages, penalties and fees.
  • Defended cannabis security company against claims of wrongful discharge and breach of contract by former executive.

Public Disability Accommodation Matters

  • Obtained favorable resolution of lawsuit against healthcare provider related to hearing-impaired patients.
  • Obtained favorable settlements in variety of lawsuits involving website accessibility.
  • Advise company offering paratransit services on a variety of accessibility related issues.
  • Defended national developer in lawsuits regarding accessibility issues in parking lots and other paths of travel.
  • Defended national retailer in disabilities-access litigation concerning shopping center access.

Commercial Litigation

  • Obtained substantial award in multiday arbitration in favor of client in business "divorce" case.
  • Defeated permanent injunction requested by adjacent landowners against ski area owner and operator concerning construction of tubing hill.
  • Obtained favorable judgment and award of enhanced punitive damages at trial on behalf of beneficiaries of trust alleging fraud and breach of fiduciary duty against trustee.
  • Obtained substantial award and defeated $14 million counterclaim on behalf of international real estate marketing and sales company in arbitration.
  • Handled numerous cases involving adverse possession, quiet title, partition and escrow disputes.
Legal Updates | August 07, 2024
Colorado's New Employment Laws: What to Know
Articles | June 01, 2022
Risk Management: Equity in the Workplace
Articles | February 01, 2021
TLNT: Whiplash: Is a New FFCRA on the Horizon?
Legal Updates | January 27, 2021
Whiplash: Is a New FFCRA on the Horizon?
Legal Updates | November 04, 2020
FAQs for Colorado Paid Family Leave Law (FAMLI)
Legal Updates | February 04, 2020
Colorado Overtime and Minimum Pay Standards Order

This impact will also be significant because non-exempt Colorado employees are entitled to overtime for workdays in excess of 12 hours, which is not a requirement under federal law. 

Webinar | September 12, 2024
2024 Annual Labor and Employment Legal Update
Webinar | March 7, 2023
Workplace Violence in Healthcare
Media Mentions | September 18, 2023
Law Week Colorado: Best Lawyers: Commercial Litigation
Community Leadership

Barb is Raising the Bar throughout Colorado.

Barb has been active in her community for many years. She has served on a number of boards, often assuming a leadership position.

  • Metro Denver Economic Development Corporation, Co-Chair Board of Governors
  • The National Sports Center for the Disabled (NSCD), Trustee and Vice-Chair
  • Colorado Women’s Bar Association Foundation, Director and President
  • American Red Cross-Mile High Chapter, Director
  • Denver Metro Chamber Leadership Foundation, Access Denver, Class of 2008; Leadership Denver, Class of 2013
  • Easter Seals Colorado, Board of Directors, Chair; Governance Committee; Director
  • University of Colorado School of Law, Colorado Health Equity Project, Supervising Attorney