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David C. Roth

Associate, Denver
t: 303.218.3647
f: 303.218.3651


David helps employers of all sizes from across a range of industries with many aspects of employment law.  He litigates discrimination, retaliation, unfair competition, and workplace-based tort claims; protects trade secrets and enforces covenants not to compete; and advises and counsels his clients on compliance and preventative solutions. 

David recognizes that the best legal representation occurs when an attorney understands a client’s objectives.  Accordingly, David collaborates with each client to garner a unique appreciation of its needs and goals and craft an appropriate legal solution.  Because he also understands the value in minimizing risk, David helps ensure his clients’ compliance with federal, state, and local employment laws by creating and reviewing policies and procedures, advising on day-to-day employment questions, and educating decision makers on recent legal developments.  Through embracing the idea of ongoing advice and counsel, David is able to build deep and meaningful relationships with those he serves to help minimize the likelihood of litigation or, if litigation occurs, maximize the chance of success.

When lawsuits do arise, David has successfully and aggressively litigated in both federal and state courts and before administrative agencies and arbitral forums such as the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, and the Financial Industry Regulatory Authority (FINRA).  He has both first- and second-chair experience at bench trials and arbitration hearings. 

Prior to joining Fisher Phillips, David clerked for the Hon. Elizabeth L. Harris on the Colorado Court of Appeals.  During law school, he interned for both the Hon. Kristen L. Mix on the United States District Court for the District of Colorado and the Hon. Nancy E. Rice, Chief Justice of the Colorado Supreme Court.  He also earned a certificate in workplace law and served as the Comments Editor for the Denver University Law Review.



  • Obtained numerous favorable arbitration outcomes that protected a financial services client’s trade secrets from misappropriation by competitors and/or former employees.
  • Helped to achieve multiple instances of injunctive relief enforcing non-compete agreements and protecting confidential information.
  • Successfully represented an international restaurant chain in federal court in a multi-million dollar disability discrimination and retaliation lawsuit.
  • Attained dismissal with prejudice in federal court for a lawsuit alleging age and sex discrimination against a banking and financial services client.
  • Achieved a complete defense finding in a bench trial concerning a breach of contract claim brought against a national retailer.
  • Successfully defended a national fast-food chain against claims of discrimination, assault and battery, intentional infliction of emotional distress, and other related torts.
  • Represented a national telecommunications company against claims of disability discrimination.
  • Obtained multiple “no reasonable cause” findings before the EEOC and related state agencies, often effectively ending plaintiffs’ claims for discrimination, 

Honors & Leadership

Professional Activities

  • Member, Colorado Bar Association
  • Member, Denver Bar Association

Community Activities

  •  Secretary and member of the Executive Board of Directors for IN!, The Colorado Initiative for Inclusive Higher Education
  • Member, Denver University Law Review Advisory Board


Seminars & Speaking Engagements

  • Hot Topics in Employment Law – How to Keep Your Hotel out of Trouble, Choice Hotels Owners Council, May 2019
  • Best Practices for Employee Handbooks, Policies, Procedures and Terminations, Colorado Burglar and Fire Alarm Association, February 2019
  • Substance Abuse in the Workplace, South Metro Denver Chamber, May 2018
  • The EEOC’s New Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace, International Municipal Lawyers Association Webinar, March 2017
  • Constructive Discharge Claims: How Bad Does It Have to Get?, 33rd Annual National CLE Conference, January 2016
  • The EEOC’s New Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace, live webinar presented March 2017 with Lawrence Lee
  • Constructive Discharge Claims: How Bad Does It Have to Get?, 33rd Annual National CLE Conference, January 2016, with William J. Kelly III and Robert A. Meister


  • Opioid Abuse in the Workplace: Not Just Another Day in Employer Paradise, Municipal Lawyer, July/August 2017, Co-authored with Lawrence Lee
  • The EEOC’s Enforcement Priorities: What Municipalities Need to Know, Municipal Lawyer, January/February 2017, Co-authored with Lawrence Lee
  • Pre-Employment Background Checks: What to Know When Getting to Know Your Future Employees, Colorado Brewers Guild Newsletter, November 2016


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