About Sherry

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Ms. Downer is a labor and employment and business disputes attorney, with experience in both the private sector and federal EEO law. Prior to establishing her own law firm, Ms. Downer was a director in a large regional law firm and focused her practice on representing companies in litigation before courts and administrative agencies on a variety of business and employment disputes. Ms. Downer’s practice includes employment class action litigation, employment contract drafting and disputes, litigation and counseling regarding discrimination, harassment, wage and hour, non-competition and trade secrets, family and medical leave, disability, accommodation, the National Labor Relations Act, and federal sector employment law, including grievances, arbitration, EEO and labor organization issues. She also drafts policies and conducts internal investigations and management level and employee training, has experience serving as a board member and officer as well as providing legal counsel to and training for boards and nonprofit organizations on a variety of matters, and has experience with Arizona public records law. Ms. Downer is admitted in Arizona and obtained her Juris Doctor Degree from the University of Arizona in 2004. She graduated cum laude from the University of Arizona in 2000 with a double major in Political Science and Communication and a minor in English.

Ms. Downer has served as an Adjunct Professor at the University of Arizona, James E. Rogers College of Law teaching employment topics and serve on the Society for Human Resources of Greater Tucson’s (SHRM-GT) Legislative Update committee. Her peers recognized her as one of the Best Lawyers In America since 2014 in the area of Employment Law-Management and her law firm as one of the Best Law Firms in America since 2016 (2017 Edition), rated her AV-Preeminent, the highest Martindale-Hubbell peer rating available, and as a Southwest Super Lawyers “Rising Star” in Employment Litigation: Defense from 2013-2017. The Arizona Daily Star and Hispanic Chamber of Commerce named Ms. Downer to the 2013 “40 Under 40” list of leaders, and Inside Tucson Business recognized Sherry in its 2013 “Women of Influence” list of 10 inspirational women and as a 2014 “Up & Comer.” In 201, the Governor appointed Ms. Downer to the Pima County Commission on Trial Court Appointments, the committee that recommends candidates for Pima County Superior Court Judge to the Governor for appointment. Ms. Downer was appointed for a second term in 2018 and continues to serve on the Commission. Ms. Downer also serves on a 2024 Judicial Performance Review Conference Team for the Appellate Courts.

Articles and Presentations

  • HR Roundtable re: Leave Issues, Community Foundation for Southern Arizona, May 2023
  • File this Under: The Complexity of Managing Personnel Documents, In Business Magazine-Greater Phoenix, quoted in article by Mike Sauder, August 2018
  • HR Tips for Small Businesses, The Chamber of Edge, Summer 2016
  • NLRB Employer Rules¸(Co-presenter with Erwin Kratz and Kristi Lundstrom), Society for Human Resource Management of Greater Tucson Employment Law Update, April 8, 2015
  • Ethics at a Glance for Lawyers Serving on Non-Profit Boards, Arizona Women Lawyers Association, April 2015
  • How To Dodge Legal Land Mines in Personnel Files, Restaurant Hospitality, February 2015
  • If it’s Personal, it Might Not Belong in the Personnel File, Inside Tucson Business, February 2015
  • Available Remedies in Employment Cases – A View from the Plaintiff and the Defendant, State Bar of Arizona, December 11, 2014
  • Best Employment Practices in Performance Management, Fennemore Craig Presentation, Labor & Employment Section, October 23, 2014
  • Best Practices and a Plaintiff’s Perspective (with Ivelisse Bonilla), SHRM-GT, August 12, 2014
  • Employers: Time to Examine and Update Restrictive Covenants, The Chamber Edge, Spring 2014
  • Employment Law & Discrimination, University of Arizona James Rogers College of Law, Spring 2014
  • An Employer’s Duty to Accommodate A Disability May Be Broader Than You Think, Desert Leaf, January 2014
  • Employers: Be careful asking about cancer and other illnesses, Inside Tucson Business, June 28, 2013
  • The Best Kept Secret of the National Labor Relations Act, Southern Arizona Women Lawyers Association, November 5, 2012
  • Americans With Disabilities Act: How Businesses Can Avoid the Pitfalls, (Co-presenter with Ron Stolkin) Fennemore Craig Tucson Employment Law Breakfast Briefing, October 2, 2012
  • The Best Kept Secret of the National Labor Relations Act (Co-presenter with Barney Holtzman) Arizona Society for Human Resource Management (SHRM) Annual Statewide Conference, Phoenix, AZ, August 30, 2012
  • More Social Media Workplace Policies Found to be Too Broad, Inside Tucson Business, June 22, 2012
  • How I Learned to Stop Worrying and Love Social Media OR When Social Media Bites, Public Relations Society of America, May 22, 2012
  • Overly Broad Policy Could Give an Employee Protected Status, Inside Tucson Business, March 23, 2012
  • National Labor Relations Act and Social Media, Arizona Builders Alliance, March 6, 2012
  • Federal Wage and Hour Law and Recent Developments in Employee Misclassification, (Co-presenter with Barney Holtzman) Fennemore Craig Tucson Employment Law Breakfast Briefing, February 16, 2012
  • Employers, Beware of Restrictive Policies on Social Media, Inside Tucson Business, January 27, 2012
  • Guidelines to Disciplining Employees for Their Social Media Conduct, Inside Tucson Business, October 28, 2011
  • Social Media for Lawyers and Employers, Association of Legal Administrators, Tucson Old Pueblo Chapter, September 2011
  • Arizona Supreme Court Rejects Homeowners’ Attempt to Lengthen The Statute of Repose for Property Defect Claims, Lexology, Association of Corporate Counsel, August 2011
  • SB 1284 Permits Certain Registrar of Contractors Claims to be Referred to Arbitration, Lexology, Association of Corporate Counsel, August 2011
  • Impact of Arizona’s Medical Marijuana Act on Employers, 30-minute television segment on KTTU “In Focus,” July 2011
  • Exploring the Ethical Implications that Arise When Attorneys Use Social Media, Pima County Bar Association Continuing Legal Education, June 2011, with Carrie Pixler
  • The Labor and Employment Climate Under President Obama and the Legalities of Building Stimulus Fund Projects, Arizona Builders Alliance, May 2009, with John Kofron
  • HR Issues in Employee Investigations, Arizona Medical Group Management Association Seminar: Fraud, Theft and Employees in the Medical Practice, November 2008
  • Employment Law from A to Z, Lorman Education Services, June 2008
  • Immigration Compliance: How to Avoid the Business Death Penalty, Arizona Builder’s Alliance (ABA), March 2008, with Matthew J. Martinez
  • Immigration Law and How It May Affect You, Southeastern Arizona Contractor’s Association (SACA), January 2008, with A. Bates Butler, III
  • How to Keep Your License, Avoid the Business Death Penalty and Sail into the Social Security No Match Harbor, Southern Arizona Homebuilder’s Association (SAHBA), October 2007, with Matthew Martinez
  • How to Keep Your License, Avoid the Business Death Penalty and Sail into the Social Security No Match Harbor, Tucson Utility Contractor’s Association (TUCA), September 2007, with Matthew Martinez
  • Arizona’s Minimum Wage Law and the Smoke Free Arizona Act, Fennemore Craig Labor and Employment Seminars, Spring 2007, Phoenix and Tucson
  • Legal Complications of Percutaneous Coronary Procedures, (Co-author with Peter Akmajian), Book Chapter in yet to be published medical treatise entitled Complications of Percutaneous Coronary Interventions, by Springer-Vertag, New York
  • Summary Judgment in the Premises Liability Case, (Co-author with Peter Akmajian), Arizona Association of Defense Counsel Newsletter, December, 2004
  • The Scope of Cross-Examining Experts on their Personal Practices, (Co-author with Peter Akmajian), International Association of Defense Counsel Newsletter, October, 2002
  • Abolition of the Common Carrier Doctrine, ALFA International Transport Update, Fall, 2002

Professional and Community Activities

  • Fox Tucson Theatre Foundation, Board Member (February 2019-Present), Board Secretary (April 2021-April 2024), current executive Committee Member, former Governance Committee Chair and current Governance Committee Member
  • Tucson Metro Chamber of Commerce, former Board Member (2014-2018), former Board Secretary and Executive Committee Member (2018-2018), former Government Relations Chair, former Candidate Evaluation Committee Chair, BEAR Project (2012)
  • Former Mentor, Courts Are Us
  • Pima County Commission on Trial Court Appointments, 2014 – present
  • Greater Tucson Leadership, Class of 2014
  • Former Member, Emerging Leader’s Council
  • Former Member, Advisory Council, Southern Arizona Home Builders Association (SAHBA)
  • Legal Counsel, Southern Arizona Home Builders Association (SAHBA), 2008 – 2011
  • Former Legal Chair, Cornerstone Building Foundation
  • Legal Chair, Arizona Builder’s Alliance (ABA), Southern Division, 2007 — 2012
  • Member, Society for Human Resource Management, Greater Tucson, 2011 — present
  • Committee Member, Primavera Cooks!, Primavera Foundation, 2009 – 2014
  • Former Member, State Bar of Arizona Labor & Employment Continuing Legal Education Committee
  • Former Member, Catholic Community Services Board, HR Committee
  • District 3 representative, Arizona State Bar Young Lawyers Division, 2007 – 2009
  • Former Board member, former treasurer (2005-2008), Pima County Bar Association Young Lawyers Division
  • Former Member and Treasurer, Toastmasters International
  • Former Member and Committee Chair, Junior League of Tucson
  • Former Member, Women’s Active 20/30 Club of Southern Arizona
  • Member, State Bar of Arizona

Work History

  • Law Office of Sherry J. Downer PLLC, October 2015-present
  • Fennemore Craig PC, Director (Partner), January 2014-October 2015
  • Fennemore Craig PC, Associate Attorney, November 2006-December 2013
  • Chandler & Udall LLP, Associate Attorney and Law Clerk, May 2002-October 2006

Admissions

  • Arizona, 2004
  • S. District Court, District of Arizona, 2004

Education and Honors

  • Up & Comers, Inside Tucson Business, 2014
  • Best Law Firms® in America, 2016 (2017 Edition) – present
  • Best Lawyers® in America, Employment Law-Management, 2014 – present
  • AV® Preeminent™ Peer Review Rated (the highest rating available), by Martindale-Hubbell, 2014-present
  • Tucson Lifestyle Best Lawyers 2014, Employment Law-Management
  • Women of Influence, Inside Tucson Business, 2013
  • 40 Under 40, Tucson Hispanic Chamber of Commerce, 2013
  • Southwest Rising Stars®, Employment Litigation: Defense, 2013-present
  • D., University of Arizona, James E. Rogers College of Law, 2004
  • A., cum laude, University of Arizona, 2000
  • Moot Court, Board Member, 2004
  • Jenckes Cup, winner of University of Arizona annual closing argument competition, 2003
  • Moot Court, semi-finalist, 2003
  • Richard Grand Damages Closing Argument Competition, Finalist
  • Ninth Circuit Court Pro Bono Appellate Project, wrote and argued sexual harassment case before Ninth Circuit Court of Appeals as a Student