State Democratic Party and its former chairman hit with another suit alleging harassment, retaliation

SACRAMENTO -- The California Democratic Party and former chairman Eric Bauman have been named in another lawsuit alleging sexual harassment and retaliation.

The latest complaint was filed Monday by two former employees and a young party volunteer. They say they faced harassment and discrimination by Bauman and others. The two former employees say they were fired as the party tried to cover up the scandal that resulted in Bauman's resignation in November.

The defendants' attorneys said the lawsuit had been announced to the media before it was filed or served and they had not yet seen it.

Bauman is a named co-defendant in the complaint. Tina McKinnor v. California Democratic Party, (Sac. Super. Ct., filed April 29, 2019, case number pending).

"The California Democratic Party, determined to put preservation of power over its own people, left a wake of emotional and reputational carnage when it failed to protect volunteers and staff against Mr. Bauman's well known sexual abuse and harassment, blatant racism, and sexism," the plaintiffs' attorney, Micha Star Liberty with Liberty Law LLC in Oakland, said in an emailed statement.

"The party decided to double down on its own unlawful conduct by terminating the very whistleblowers who brought the problems to light," she added.

Among the complaint's nine causes of action are claims of discrimination, hostile work environment, retaliation, negligent hiring, sexual battery and intentional infliction of emotional distress. The lead plaintiff, Tina McKinnor, is an African-American woman who was the party's director of operations. The other two plaintiffs, John Vigna and Spencer Dayton, are men who said they were subjected to harassment and sexual assault by Bauman, who is openly gay.

"Mr. Bauman has not yet seen this lawsuit, and once again we have only learned of its existence through media inquiries," said Bauman's attorney, Neal S. Zaslavsky, principal with the Law Office of Neal S. Zaslavsky APC in West Hollywood. "It is therefore premature for Mr. Bauman to have any comment. As with the other matters, Mr. Bauman will not be trying this case in the media."

"The California Democratic Party has neither been served nor been provided a copy of the complaint," said Acting Party Chair Alexandra Gallardo Rooker in an emailed statement. "We find it curious that the complainants decided to share the complaint with the media before it was filed or served."

"In any event, the CDP will not be commenting on pending litigation," Rooker added.

Bauman was narrowly elected as chairman two years ago following a bitter convention fight with Kimberly Ellis, who was backed by many labor and progressive groups. He resigned after 18 months in the wake of numerous complaints from staff members.

McKinnor and Vigna were both hired in June 2017. According to the complaint, McKinnor was brought on in a fundraising role due to her prior contacts with major party donors. However, the lawsuit alleges she said Bauman sidelined her for being "too urban" and told her the party was "not ready" to have an African-American woman in a prominent fundraising role.

This allegedly escalated to Bauman referring to her by racist nicknames and hiring white employees to do tasks that were within her job description, according to the complaint.

Vigna, who was the party's communications director, and Dayton, a volunteer active with the Young Democrats and other groups, claim Bauman regularly groped them and made inappropriate comments, frequently while drunk on the job. Vigna and McKinnor say they were fired in retaliation in December after coming forward about complaints against Bauman.

The new lawsuit is separate from another filed in Los Angeles last week against the party and Bauman by Bauman's former assistant. William Floyd claimed Bauman repeatedly groped, threatened and sexually assaulted him. Floyd v. California Democratic Party, 19STCP01487 (L.A. Super. Ct., filed April 24, 2019).

These followed a complaint filed in January by three current and former party employees, also making claims of sexual harassment, assault and retaliation. Last month, the party's digital director, Kate P. Earley, dropped out of that suit in order to go public with allegations that officials still with the party have engaged in witness tampering and intimidation.