Did the County of Orange Retaliate Against a Prosecutor for Defending Coworkers From Harassment?
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In Tracy Miller v. County of Orange, a jury found that a longtime Orange County prosecutor was pushed out of her job after she stood up for female colleagues who reported incidents of sexual harassment at work.
Case: Tracy Miller v. County of Orange
Court: San Diego County Superior Court
Case No.: 30-2022-01262015-cu-oe-cjc
The Plaintiff: Miller v. County of Orange
Tracy Miller is the plaintiff in this case and a former Orange County prosecutor who served for more than two decades. According to the verified case summary, Miller advocated for several female colleagues after they came forward regarding alleged sexual harassment by one of their male supervisors. According to Miller’s complaint, after she stepped in to offer support, hostility in the workplace escalated until she was eventually forced out. The jury unanimously agreed that her departure was not entirely voluntary and ruled in her favor on retaliation and constructive discharge-related theories.
Who Are the Defendants in the Case?
The defendant is the County of Orange. As a public employer, the County of Orange oversees departments and supervisory structures that can shape workplace culture, reporting channels, and discipline decisions. In this case, the County was accused of allowing a retaliatory environment to develop after Miller supported coworkers who raised harassment concerns, and of taking or enabling actions that contributed to Miller being pushed out of her position.
Miller v. County of Orange: Considering a Brief History of the Case
• Miller filed her case in San Diego County Superior Court under Case No. 30-2022-01262015-cu-oe-cjc.
• The dispute went to a jury trial.
• The jury awarded Miller over $3 million in damages.
• The award included compensation for economic loss, emotional distress, and punitive damages.
• The jury’s decision reflected their assessment that the conduct at issue warranted both compensation and deterrence.
The Main Question in the Case
When an employee speaks up to defend coworkers from sexual harassment, do California’s workplace protections prohibit an employer from retaliating against that employee?
The Allegations: Miller v. County of Orange
The original complaint included numerous allegations of labor law violations:
1. Retaliation (Triggered by Advocacy)
2. Hostility Escalating to Pressure to Leave
3. Retaliation and Constructive Discharge
The jury awarded damages for economic losses, emotional distress, and punitive damages, indicating that it found the conduct sufficiently harmful to justify both compensation and punishment.
Understanding Retaliation Under California Law
California employees who report harassment or discrimination, participate in investigations, or support coworkers exposed to these situations are protected by the Fair Employment and Housing Act (FEHA). In other words, the law’s protection is not limited to the person directly targeted. An employee who acts as an ally, witness, or advocate can also be protected from retaliation. In some cases, acts of workplace retaliation are fairly obvious (termination, demotion, etc.) Howeverr, retaliation can also show itself in more of a slow squeeze that could include: isolation, sudden negative performance evaluations, undesirable reassignments, exclusion from meetings, hostility from company leadership, etc.
The Miller verdict highlights the legal risks employers face when an employee’s advocacy is met with punishment rather than protection.
How Juries Can Calculate Damages in Retaliation and Constructive Discharge Cases
The verdict described in this case included three common categories of damages seen in retaliation matters:
1. Economic Damages: lost wages (past and future), lost benefits, diminished earning capacity, etc.
2. Emotional Distress Damages: stress, anxiety, emotional damages, etc.
3. Punitive damages: Applicable in cases involving particularly harmful activity.
Different types of damages are awarded in different cases, depending on the details of each case and the court's findings. More than one type of “damage” can apply to a single case.
Key Takeaways for Employees
If you believe you are being retaliated against for reporting harassment or supporting a coworker who reported it, take action to protect yourself. Document the situation carefully, including a timeline of complaints, who you spoke with, and what they said, what changed afterward, etc. Save any emails, texts, schedules, reviews, or meeting notes that are applicable. Then turn to an expert for legal advice as soon as possible. When it comes to retaliation, the entire case can pivot on documentation and timing. Early guidance during the case can help protect your case and your legal options.
FAQ: Miller v. County of Orange
Q: Are retaliation protections limited to the person being harassed?
A: No. California law can also protect employees who report harassment, support harassed coworkers, or participate in workplace harassment investigations, even if they were not directly targeted.
Q: What is constructive discharge?
A: Constructive discharge refers to situations where working conditions are made so intolerable that any reasonable worker would feel forced to resign. In other words, legally speaking, the resignation is considered a termination.
Q: What are the common types of “damages” seen in wrongful termination cases?
A: Common types of damages can include economic losses (wages and benefits), emotional distress damages, and, in more serious cases, even punitive damages.
Q: Why are punitive damages significant?
A: Punitive damages are designed to multitask. They both punish past action and prevent future, repeated action. Their presence often suggests a jury believed the employer’s conduct was particularly serious or harmful.
Q: What should an employee do if they suspect retaliation is happening?
A: Document key events, keep copies of relevant communications and evaluations, and speak with an employment attorney as early as possible to understand deadlines and options.
If you believe you were retaliated against for reporting harassment, supporting a coworker who spoke up, or participating in a workplace investigation, the employment law attorneys at Blumenthal Nordrehaug Bhowmik De Blouw LLP can help. Contact one of our offices in Los Angeles, San Diego, San Francisco, Sacramento, Riverside, or Chicago today to learn how to hold your employer accountable.
