The law firm of Benezra & Culver, L.L.C. successfully represented the State Personnel Board in an important decision by the Colorado Supreme Court entitled Bodaghi v. Colorado Department of Natural Resources, which was decided on March 13, 2000. Gilbert M. Roman argued the case on behalf of the State Personnel Board.

The case involved an employee of Iranian descent, Ahmad Bodaghi, who had been promoted four times, and named Land Board "Employee of the Year" with the Department of Natural Resources. However, when Bodaghi’s position was upgraded, Bodaghi was told that he was qualified to work the position at the lower level but not as qualified to work the position at the upgraded level.

Bodaghi filed a claim of national origin discrimination and after an evidentiary hearing, the Administrative Law Judge determined that there was sufficient evidence of intentional discrimination. The ALJ found that the successful non-Iranian employee did not have the required experience for the position, and that the reasons given for selecting the other employee over Mr. Bodaghi were pretextual. The Personnel Board adopted the ALJ’s findings and ordered that Mr. Bodaghi be appointed to the upgraded position.

On two separate occasions, the Colorado Court of Appeals reversed the Personnel Board’s finding that there was insufficient evidence of intentional. As the issue went before the Colorado Supreme Court, the law firm of Benezra & Culver, L.L.C. was contacted and asked to represent the State Personnel Board. On March 13, 2000, the Colorado Supreme Court rejected the Court of Appeals’ findings that Ahmad Bodaghi had failed to establish sufficient evidence of intentional discrimination.

Importantly, the Colorado Supreme Court stated:

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