Drake Solomon, who performed as Rocky, the Denver Nuggets mascot, is suing the franchise’s parent company for alleged wrongful termination and disability-based discrimination.
Solomon took over as Rocky when his father, Kenn Solomon, retired in 2021. He alleges in a lawsuit filed Wednesday that Kroenke Sports & Entertainment (KSE) fired him in August 2024, months after he had hip replacement surgery to combat avascular necrosis (AVN). The lawsuit contends the Nuggets violated the Colorado Anti-Discrimination Act through discrimination on the basis of disability, retaliation, and two claims of aiding and abetting unfair employment practices against his KSE supervisors.
The complaint also calls for a potential class-action lawsuit, based on the plaintiff’s argument that KSE violated the Protecting Opportunities and Workers’ Rights (POWR) Act with the severance agreement it offered Solomon.
Kenn Solomon was the original Rocky mascot, making his debut for the Nuggets on Dec. 15, 1990. He performed as Rocky for more than three decades before retiring in 2021. Drake Solomon began working for KSE in 2012 as a member of the “Promo Squad” and spent time as the backup mascot and his father’s game-night assistant.
When the elder Solomon retired, his son was the only person invited to try out for the position in 2021, according to the lawsuit. The younger Solomon performed during the 2021-22 season, but began experiencing pain in his hips the following year.
He was diagnosed with AVN and underwent bilateral core decompression surgery in March 2023. Solomon’s father returned from retirement to fill in as Rocky while his son recovered. When the first surgery did not fix the issue, Solomon informed his supervisors in February 2024 that he would need total hip replacement surgery, according to the lawsuit.
Several weeks later, Solomon was told there would be an open tryout for the position “regardless of the outcome” of his surgery. KSE personnel told Solomon he was unreliable due to his record of impairment and previously unsuccessful surgery, according to the lawsuit. Solomon told his supervisors that his doctors said he would return to full health in three months.
Solomon had the surgery on April 2, 2024, and alleges in the lawsuit that he came back to a hostile work environment when he returned to work on May 20. He performed the duties of his job during the summer of 2024, but KSE held tryouts for the position ahead of the 2024-25 season.
Solomon alleges he completed all of the physical requirements for the position during the tryout and helped teach the other applicants how to dunk in the Rocky costume. KSE terminated Solomon on Aug. 13, 2024, shortly after the tryouts, but did not provide a reason at that time, the lawsuit contends. KSE later claimed he was terminated because he did not score first in the tryouts.
The potential class-action lawsuit stems from the severance agreement KSE offered Solomon upon his termination. Solomon alleges KSE has presented the same severance agreement, which he argues is unlawful, or a similar one to numerous other employees.
The POWR Act, a Colorado law that expanded workplace protections, including limitations on the use of non-disclosure agreements, went into effect on Aug. 7, 2023, just six days before Solomon was terminated.
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