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ROSS v. DENVER DEPT. OF HEALTH & HOSP.

No. 93CA0014.

883 P.2d 516 (1994)

Mary K. ROSS, Plaintiff-Appellee, v. DENVER DEPARTMENT OF HEALTH AND HOSPITALS; Thomas Moe, in his capacity as Manager and Chief Executive Officer of the Denver Department of Health and Hospitals; the City and County of Denver, a municipal corporation; Wellington Webb, in his capacity as Mayor of the City of Denver; the Denver Career Service Board; Robert Braun, Dianne Nino, Connie Bragg, Howard Rosenberg and Alfred Wood, in their capacities as members of the Denver Career Service Board; and Margot Jones, in her capacity as a Hearing Officer for the Denver Career Service Authority, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 12, 1994.

Certiorari Denied November 7, 1994.

Attorney(s) appearing for the Case

Hawley & VanderWerf, P.C., Lino S. Lipinsky de Orlov, Denver, American Civil Liberties Union of Colorado, David H. Miller, Denver, American Civil Liberties Foundation, William B. Rubenstein, Ruth E. Harlow, New York City, for plaintiff-appellee.

Daniel E. Muse, City Atty., J. Wallace Wortham, Jr., Asst. City Atty., Denver, for defendants-appellants.

Opinion by Judge KAPELKE.

This is an appeal from a judgment of the district court reversing the determination of the Denver Career Service Board (Board) that plaintiff, Mary K. Ross, was not entitled to receive family sick leave benefits to care for her same-sex domestic partner. We reverse and remand with directions.

Ross was formerly employed as a social worker by the Department of Health and Hospitals (Department). In December 1991, she requested family...

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