This case was last updated from U.S. District Courts on 06/26/2023 at 06:41:53 (UTC).

Freyer et al v. Frontier Airlines, Inc.

Case Summary

On December 10, 2019, Randi Freyer, Brandy Beck, Erin Zielinski, and Shannon Kiedrowski (collectively, “Plaintiffs”), represented by Sara Neel and Mark Silverstein of the American Civil Liberties Union Foundation of Colorado; Galen Sherwin of the Women’s Rights Project of The American Civil Liberties Union Foundation; and Vincent Levy, Jayme Jonat, and Lani Perlman of Holwell Shuster & Goldberg LLP, filed a civil rights lawsuit against Frontier Airlines, Inc. (“Defendant”), seeking declaratory and injunctive relief with damages for alleged discrimination against pregnant and breastfeeding pilots. This case was filed in the U.S. District Court for the District of Colorado, with Judges Christine M. Arguello and S. Kato Crews presiding. 

In the complaint, the plaintiffs alleged, “Plaintiffs in this case are female pilots at Frontier Airlines, with several decades of flying experience between them, who had children and breastfed their babies during their employment with Frontier.”

The plaintiffs then alleged, “They chose their careers as pilots because of their passionate love of flying—for most, it was the only career they’d ever considered. Like most expectant parents, when it came time to start their families, they were overjoyed to start this exciting new chapter of their lives. At the same time, they were dedicated to the careers they loved and assumed they would be able to continue working while raising their children—after all, the right to keep your job during pregnancy and after having a baby has been the law for more than 40 years, since the enactment of the Pregnancy Discrimination Act (‘PDA’).”

The plaintiffs also alleged, “Yet Plaintiffs found themselves faced with mounting obstacles once they became pregnant that forced them to make impossible choices between their families and their livelihood—precisely the type of choices that the PDA was intended to prevent.”

Plaintiffs further alleged, “Frontier’s failure to account for Plaintiffs’ needs related to pregnancy and breastfeeding caused them to suffer serious penalties, both at and outside of work, simply because they had children. Frontier forced them onto unpaid leave at a certain point during their pregnancies, with no possibility of receiving any accommodations that would have enabled them to continue working, depriving them of critical income when they needed it the most.”

The plaintiffs alleged, “As Frontier offered no paid parental leave and only a short unpaid leave following childbirth, Plaintiffs were all still breastfeeding their newborns when it came time for them to return to work. Yet Frontier refused to make it possible for them to pump breast milk on the job, which they needed to do to be able to continue nursing. This left Plaintiffs with the Hobson’s choice of continuing to breastfeed or continuing to earn a paycheck. Plaintiffs paid a steep price as a result of these policies and practices, including being forced onto unpaid leave, forced to give up breastfeeding and the many associated benefits for their own and their babies’ health, and forced to work under conditions that have caused them physical pain and emotional distress and have put their health at risk.”

Plaintiffs presented thirteen claims for relief, including claims for alleged violations of Title VII of the 1964 Civil Rights Act, violation of Colorado law on Reasonable Accommodations for Pregnancy and Related Conditions, violation of the Colorado Workplace Accommodations for Nursing Mothers Act, and violation of the Colorado Anti-discrimination Act.

In the prayer for relief, the plaintiffs requested a judgment declaring that the defendant’s employment policies, practices, and/or procedures challenged herein are illegal and in violation of the rights of the plaintiffs, and an order for permanent injunctive relief against the defendants enjoining the continued operation of the policies and practices challenged herein. The plaintiffs further requested an award for compensatory and punitive damages.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-03468

  • Filing Date:

    12/10/2019

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Civil Right - Employment Discrimination

Judge Details

Presiding Judge

Christine M. Arguello

Referral Judge

Michael E. Hegarty

 

Party Details

Plaintiffs

Brandy Beck

Randi Freyer

Shannon Kiedrowski

Erin Zielinski

Defendant

Frontier Airlines, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Aditi Fruitwala

Alison B. Miller

Charlotte V. Baigent

Jayme Jonat

Karen A. Sebaski

Mark Silverstein

Vincent Gregory Levy

Sara R. Neel

Defendant Attorneys

Erin Ashley Webber

Carolyn Bailey Theis

Danielle L. Kitson

Peter J. Petesch

Stephen E. Baumann, II

 

Court Documents

#169

(#169) ORDER: Pursuant to D.C.Colo.LcivR 41.2, the Clerk of the Court is directed toADMINISTRATIVELY CLOSE the above-referenced civil action for 120 days, untilOctober 23, 2023. On or before October 23, 2023, the parties are DIRECTED to file a status report informing the Court of the resolution of the case and requesting that the case be either dismissed or reopened. All pending deadlines and the Final Pretrial Conference set for August 1, 2023, in front of Magistrate Judge Hegarty are VACATED. SO ORDERED by Senior Judge Christine M. Arguello on 6/23/2023. (sphil, ) (Entered: 06/23/2023)

#168

(#168) Joint STATUS REPORT and Joint MOTION for an Administrative Stay of Case by Defendant Frontier Airlines, Inc.. (Petesch, Peter) Modified on 6/23/2023 to reflect a motion (cmasec). (Entered: 06/22/2023)

#165

(#165) MOTION to Withdraw as Attorney Alvina V. Pillai by Plaintiffs Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin Zielinski. (Pillai, Alvina) (Entered: 12/01/2022)

#164

(#164) NOTICE of Entry of Appearance by Charlotte V. Baigent on behalf of Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin ZielinskiAttorney Charlotte V. Baigent added to party Brandy Beck(pty:pla), Attorney Charlotte V. Baigent added to party Randi Freyer(pty:pla), Attorney Charlotte V. Baigent added to party Shannon Kiedrowski(pty:pla), Attorney Charlotte V. Baigent added to party Erin Zielinski(pty:pla) (Baigent, Charlotte) (Entered: 11/29/2022)

#162

(#162) MOTION to Withdraw as Attorney Kathleen L. Xu by Plaintiffs Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin Zielinski. (Fruitwala, Aditi) (Entered: 11/21/2022)

#161

(#161) MOTION to Withdraw as Attorney Galen Sherwin by Plaintiffs Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin Zielinski. (Fruitwala, Aditi) (Entered: 11/21/2022)

#160

(#160) Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 November 2022. For good cause shown, the parties' Joint Motion to Amend the Scheduling Order #158 is granted. Section 9 of the Amended Scheduling Order (ECF 152) is modified as follows: Dispositive Motions due by 6/22/2023. Expert Discovery due 5/22/2023. Fact Discovery due 1/20/2023. The Final Pretrial Conference currently set for June 27, 2023 is rescheduled to August 1, 2023 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 11/21/2022)

158 #1

Proposed Order (PDF Only)

#158

(#160) Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 November 2022. For good cause shown, the parties' Joint Motion to Amend the Scheduling Order #158 is granted. Section 9 of the Amended Scheduling Order (ECF 152) is modified as follows: Dispositive Motions due by 6/22/2023. Expert Discovery due 5/22/2023. Fact Discovery due 1/20/2023. The Final Pretrial Conference currently set for June 27, 2023 is rescheduled to August 1, 2023 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 11/21/2022)

8 #1

Magistrate Judge Consent Form

#6

#5

#4

#3

#2

1 #2

Summons

1 #1

Civil Cover Sheet

#1

157 More Documents Available
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Docket Entries

  • 06/23/2023
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  • Docket(#169) ORDER: Pursuant to D.C.Colo.LcivR 41.2, the Clerk of the Court is directed toADMINISTRATIVELY CLOSE the above-referenced civil action for 120 days, untilOctober 23, 2023. On or before October 23, 2023, the parties are DIRECTED to file a status report informing the Court of the resolution of the case and requesting that the case be either dismissed or reopened. All pending deadlines and the Final Pretrial Conference set for August 1, 2023, in front of Magistrate Judge Hegarty are VACATED. SO ORDERED by Senior Judge Christine M. Arguello on 6/23/2023. (sphil, ) (Entered: 06/23/2023)

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  • 06/22/2023
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  • Docket(#168) Joint STATUS REPORT and Joint MOTION for an Administrative Stay of Case by Defendant Frontier Airlines, Inc.. (Petesch, Peter) Modified on 6/23/2023 to reflect a motion (cmasec). (Entered: 06/22/2023)

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  • 04/05/2023

  • Docket(#167) ADVISORY NOTICE TO ATTORNEY AND COURT: Danielle L. Kitson failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the Court for assistance (Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov)). (Text Only Entry) (ashee, ) (Entered: 04/05/2023)

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  • 12/05/2022
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  • Docket(#166) ORDER: Granting #165 Motion to Withdraw as Attorney for Plaintiffs. The Clerk of the Court is DIRECTED to delete Ms. Pillais email address from future ECF filings and electronic notifications in this case. SO ORDERED by Senior Judge Christine M. Arguello on 12/5/2022. Text Only Entry(cmasec) (Entered: 12/05/2022)

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  • 12/01/2022
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  • Docket(#165) MOTION to Withdraw as Attorney Alvina V. Pillai by Plaintiffs Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin Zielinski. (Pillai, Alvina) (Entered: 12/01/2022)

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  • 11/29/2022
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  • Docket(#164) NOTICE of Entry of Appearance by Charlotte V. Baigent on behalf of Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin ZielinskiAttorney Charlotte V. Baigent added to party Brandy Beck(pty:pla), Attorney Charlotte V. Baigent added to party Randi Freyer(pty:pla), Attorney Charlotte V. Baigent added to party Shannon Kiedrowski(pty:pla), Attorney Charlotte V. Baigent added to party Erin Zielinski(pty:pla) (Baigent, Charlotte) (Entered: 11/29/2022)

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  • 11/23/2022
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  • Docket(#163) ORDER: Granting #161 and #162 Motions to Withdraw as Attorneys. Attorneys Galen Sherwin and Kathleen L. Xu are permitted to withdraw as counsel for Plaintiffs. The Court notes that Plaintiffs continue to be represented by Messrs. Levy and Silverstein and Mses. Neel, Sebaski, Jonat, Pillai, Miller, and Freuitwala. FURTHER ORDERED that the Clerk of the Court is DIRECTED to delete Mr. Sherwin and Ms. Xu's email addresses from future ECF filings and electronic notifications in this case. SO ORDERED by Senior Judge Christine M. Arguello on 11/23/2022. Text Only Entry(cmasec) (Entered: 11/23/2022)

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  • 11/21/2022
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  • Docket(#162) MOTION to Withdraw as Attorney Kathleen L. Xu by Plaintiffs Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin Zielinski. (Fruitwala, Aditi) (Entered: 11/21/2022)

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  • 11/21/2022
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  • Docket(#161) MOTION to Withdraw as Attorney Galen Sherwin by Plaintiffs Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin Zielinski. (Fruitwala, Aditi) (Entered: 11/21/2022)

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  • 11/21/2022
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  • Docket(#160) Minute ORDER by Magistrate Judge Michael E. Hegarty on 21 November 2022. For good cause shown, the parties' Joint Motion to Amend the Scheduling Order #158 is granted. Section 9 of the Amended Scheduling Order (ECF 152) is modified as follows: Dispositive Motions due by 6/22/2023. Expert Discovery due 5/22/2023. Fact Discovery due 1/20/2023. The Final Pretrial Conference currently set for June 27, 2023 is rescheduled to August 1, 2023 at 10:00 a.m. in Courtroom A501 on the fifth floor of the Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado.(cmadr, ) (Entered: 11/21/2022)

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149 More Docket Entries
  • 12/17/2019
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  • Docket(#10) NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of All Plaintiffs Attorney Mark Silverstein added to party Brandy Beck(pty:pla), Attorney Mark Silverstein added to party Randi Freyer(pty:pla), Attorney Mark Silverstein added to party Shannon Kiedrowski(pty:pla), Attorney Mark Silverstein added to party Erin Zielinski(pty:pla) (Silverstein, Mark) (Entered: 12/17/2019)

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  • 12/11/2019

  • Docket(#9) ORDER REFERRING CASE to Magistrate Judge S. Kato Crews. Magistrate Judge S. Kato Crews is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b). The parties should expect to be given a firm trial setting that is 90 to 120 days from the date of the final pretrial conference, and should be available for trial accordingly. FURTHER, Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge Christine M. Arguello on 12/11/2019. Text Only Entry (cmalc3) (Entered: 12/11/2019)

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  • 12/10/2019
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  • Docket(#8) SUMMONS issued by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (alave, ) (Entered: 12/10/2019)

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  • 12/10/2019

  • Docket(#7) Case assigned to Judge Christine M. Arguello and drawn to Magistrate Judge S. Kato Crews. Text Only Entry. (alave, ) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#6) NOTICE of Entry of Appearance by Galen Leigh Sherwin on behalf of All Plaintiffs Attorney Galen Leigh Sherwin added to party Brandy Beck(pty:pla), Attorney Galen Leigh Sherwin added to party Randi Freyer(pty:pla), Attorney Galen Leigh Sherwin added to party Shannon Kiedrowski(pty:pla), Attorney Galen Leigh Sherwin added to party Erin Zielinski(pty:pla) (Sherwin, Galen) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#5) NOTICE of Entry of Appearance by Lani A. Perlman on behalf of Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin ZielinskiAttorney Lani A. Perlman added to party Brandy Beck(pty:pla), Attorney Lani A. Perlman added to party Randi Freyer(pty:pla), Attorney Lani A. Perlman added to party Shannon Kiedrowski(pty:pla), Attorney Lani A. Perlman added to party Erin Zielinski(pty:pla) (Perlman, Lani) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#4) NOTICE of Entry of Appearance by Vincent Gregory Levy on behalf of Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin ZielinskiAttorney Vincent Gregory Levy added to party Brandy Beck(pty:pla), Attorney Vincent Gregory Levy added to party Randi Freyer(pty:pla), Attorney Vincent Gregory Levy added to party Shannon Kiedrowski(pty:pla), Attorney Vincent Gregory Levy added to party Erin Zielinski(pty:pla) (Levy, Vincent) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#3) NOTICE of Entry of Appearance by Jayme Jonat on behalf of Brandy Beck, Randi Freyer, Shannon Kiedrowski, Erin ZielinskiAttorney Jayme Jonat added to party Brandy Beck(pty:pla), Attorney Jayme Jonat added to party Randi Freyer(pty:pla), Attorney Jayme Jonat added to party Shannon Kiedrowski(pty:pla), Attorney Jayme Jonat added to party Erin Zielinski(pty:pla) (Jonat, Jayme) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#2) NOTICE OF CASE ASSOCIATION by Sara R. Neel on behalf of All Plaintiffs (Neel, Sara) (Entered: 12/10/2019)

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  • 12/10/2019
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  • Docket(#1) COMPLAINT against Frontier Airlines, Inc. (Filing fee $ 400,Receipt Number 1082-7036725)Attorney Sara R. Neel added to party Brandy Beck(pty:pla), Attorney Sara R. Neel added to party Randi Freyer(pty:pla), Attorney Sara R. Neel added to party Shannon Kiedrowski(pty:pla), Attorney Sara R. Neel added to party Erin Zielinski(pty:pla), filed by Shannon Kiedrowski, Randi Freyer, Erin Zielinski, Brandy Beck. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Neel, Sara) (Entered: 12/10/2019)

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