5 prosecutors sue Contra Costa DA, claim age, sex discrimination

Describing the plaintiff's arguments as "threadbare," Contra Costa County District Attorney Diana Becton asked a federal judge to dismiss a lawsuit brought against her by prosecutors in her office, arguing they have not met federal pleading requirements to show she discriminated against them after she was elected in 2018.

The plaintiffs, five female prosecutors who have worked in the office an average of 20 years each, sued Becton and the county in February, saying they were demoted and denied opportunities for growth based on their sex and age. The suit demands a jury trial and seeks injunctive and compensatory relief, as well as punitive damages.

Becton, the former presiding judge of Contra Costa County Superior Court, was elected the county's first female and Black district attorney in 2018. The attorneys defender her against the lawsuit, John C. Fish Jr. and Francesca M. Lanpher of Littler Mendelson PC, said in court papers the allegations against her are "completely contrary to all that District Attorney Becton stands for."

Becton's counsel filed a motion in the Northern District of California on Monday asking Judge Joseph C. Spero to toss the suit and dismiss Becton with prejudice at an upcoming case management conference in December. Knox v. County of Contra Costa, et al., 3:20-cv-01449-JCS (N.D. Cal. Filed Feb. 26, 2020).

There is no dispute that Becton reassigned the five attorneys to new positions after she took office. What is in dispute, however, is her motives.

Plaintiffs allege they were given less desirable work because they are women and because they are older than 40, which they argue was a violation of the Fair Employment and Housing Act. They say they were replaced by less qualified and less experienced men, many of whom now supervise older, more tenured female prosecutors.

"Instead of building on gains made by the women in the office, Becton has reversed progress for women and has engaged in a pattern and course of gender and age discrimination by systematically demoting and failing to advance, promote and assign supervisory roles to qualified and accomplished prosecutors who are women, particularly if those women have significant prosecutorial experience and tenure," the plaintiffs' amended complaint states.

Becton argues it's a common practice for newly elected district attorneys to restructure their offices, and that despite disagreeing with their reassignments, plaintiffs failed to show the changes she made were based on age or gender. Plaintiffs' arguments, Becton said, offer "personal views and experiences" but not plausible claims that meet federal pleading standards established by the U.S. Supreme Court. Bell Atlantic Corp. v. Twombly, 550 U.S. (2007) and Ashcroft v. Iqbal, 556 U.S. (2009).

The eight causes of action plaintiffs brought -- alleging gender and age discrimination in violation of federal law, failure by the county to take preventive action against this violation and retaliation by Becton against those who disagree with her -- are "exactly the type of 'threadbare' pleading Iqbal-Twombly held was insufficient," Becton's motion to dismiss states.

A case management conference is scheduled for Dec. 4 at 9:30 a.m. in federal court in San Francisco when the motion to dismiss will be heard.