A former prosecutor’s sexual harassment case against four supervisors was dismissed May 25.
Alysia Chandler, who worked as a law clerk at the district attorney’s office in 2014 and was sworn in as a deputy district attorney Dec. 5, 2016, alleged multiple instances of sexual harassment, mostly relating to preferential treatment by her supervisor against her, inadequate relief during her pregnancy, and a denial of promotion despite the necessary experiences.
She filed her complaint July 12, and resigned from the office Sept. 10.
Riverside Superior Judge Sunshine Sykes ruled in agreement with the four defendants that their alleged actions do not constitute sexual harassment.
Sykes granted Chandler leave to amend. Her complaint was already her second amended complaint. Chandler’s case against the county remains.
The county denied each of Chandler’s allegations in their answer.
Defendants and charges
Chandler’s second amended complaint holds former Lead Deputy District Attorney Daniel DeLimon, Chief Deputy District Attorney Kelli Catlett, Chief Deputy District Attorney Sam Kaloustian, Lead Deputy District Attorney Lisa DiMaria and Riverside County as defendants.
Against the county, Chandler’s complaint alleges sexual discrimination, failure to prevent discrimination and harassment and retaliation in violation of Labor Code Section 1102.5.
Against the four individuals, Chandler’s complaint alleged intentional infliction of emotional distress. Against all defendants, Chandler’s complaint alleged sexual harassment.
Discrimination allegations
Chandler claimed that her unit became characterized with sexual favoritism, discrimination and hostility toward pregnant women and new mothers after DeLimon became the unit’s supervisor. Kaloustian was DeLimon’s supervisor.
During DeLimon’s leadership, DeLimon formed a sexual relationship with one of his subordinates, and became close friends with two other subordinates, Chandler claimed.
DeLimon provided these subordinates with fewer cases than others, gave them more assistance than others, would go to lunch with them, play football in the work office with them and allow them to come in late and leave early, Chandler claimed.
During this time, Chandler would arrive at work by 6 a.m. and leave around 4:45 p.m., and work weekends, but DeLimon would tell her she needed to stay at the office past 5 p.m., Chandler claimed.
DeLimon would assign difficult cases to Chandler at the last minute, argue with her, and cause Chandler to have a panic attack, she claimed.
Chandler claimed DeLimon kept her on a probationary employment for longer than his favorites under false pretenses, disparaged her, overly supervised her during court appearances and did not provide accommodations during Chandler’s pregnancy.
Chandler eventually miscarried due to the stress DeLimon placed her under, she claimed.
After Chandler received new supervisors, her mental health improved and she passed probation, she claimed.
During her second pregnancy, Chandler was placed in charge of the calendar, causing her to lift a bucket that weighs more than 10 pounds in violation of a doctor’s note, she claimed. She also was required to pack up and move her workstation a week before her pregnancy leave, she claimed.
After pregnancy, Chandler was promoted to general felonies, requiring her to be in court frequently and for long periods of time, making it difficult for her to pump her breast milk, she claimed. She did not receive help or pumping breaks, causing her physical pain and two instances of mastitis, she claimed.
After the district attorney’s office established a hybrid telecommunication schedule, Dimaria placed Chandler on an assignment that caused her to be in court even during her telecommunication days, hampering her ability to pump, Chandler claimed. Dimaria disparaged Chandler for breastfeeding, and in general established a favoritism for those without children, Chandler claimed.
After Chandler submitted a claim to the county, the county was slow to investigate her claim, Chandler claimed. Her complaint called the county’s investigations “sham investigations whose sole purpose is to exonerate the accused.”
Defendants dismissed
The four individual defendants filed demurrers, claiming the actions that Chandler alleges they committed do not amount to sexual harassment or support a claim of intentional infliction of emotional distress. Sykes agreed.
“For example, while Plaintiff alleges that DeLimon favored certain individuals (both males and females), gave her unfavorable working assignments and reviews and unfavorably supervised her, Plaintiff does not allege any actions on the part of DeLimon that were improper based on her sex. Similarly, the allegations related to DiMaria, Kaloustian and Catlett do not allege any specific facts that support a claim for harassment based on sex,” Sykes wrote.
Sykes also found that the defendant’s actions as alleged by Chandler weren’t outrageous enough to qualify for an intentional infliction of emotional distress charge.
“These include allegations of improper or unsatisfactory assignment of workload, supervision and handling of her complaints as well as requiring Plaintiff to move her office and causing Plaintiff stress while pregnant. While Plaintiff sets forth allegations of rude and offensive conduct, as alleged, the conduct is not so extreme as to exceed all bounds of that usually tolerated in a civilized community,” Sykes wrote.
Case information
Daniel Moussatche and Dennis Wagner of Riverside’s Wagner Zemming Christensen, LLP represent Chandler.
Douglas Smith and Karen Capasso of Riverside’s Smith Law Offices, LLP represent the county and the individual defendants.
Riverside Superior Judge Sunshine Sykes presides.
Case number CVRI2103362.
Read the complaint here.
Read the county’s response here.
Read Sykes’ tentative ruling here.
