Facts

Mary Knox, Rachel Piersig, Alison Chandler, Mary Blumberg and Jill Henderson were all employed as prosecutors for the Contra Costa District Attorney's office: Knox for over 34 years, Piersig for over 20, Chandler for over 15, Blumberg for over 13, and Henderson for over 22 years. They filed suit against the Contra Costa District Attorney's office for, among others, gender and age discrimination, and retaliation under federal and state laws. In 2017, Diana Becton became the first woman to ever be the Contra Costa County District Attorney. Preceding her appointment, DA Becton served as a Contra Costa County Superior Court judge for twenty-two years.

PLAINTIFF’S CONTENTIONS: Plaintiffs contended that while, as part of a 2012 settlement of a prior discrimination lawsuit, defendant district attorney’s office made changes to correct its long and pervasive culture of systemic gender discrimination, when Diana Becton became Contra Costa’s District Attorney in 2017, gains made by female prosecutors during the intervening time period, were eliminated. While, throughout the course of their employment with the District Attorney’s office, plaintiffs individually obtained accolades, awards and/or achieved certain career highlights unaccomplished by most of their peers, Becton demoted, failed to promote and otherwise discriminated against female deputy district attorneys, favoring instead lesser qualified male and younger attorneys.

DEFENDANTS' CONTENTIONS: Defendants denied all plaintiffs contentions and claims. Defendants relied on the fact that of the 11 promotions DA Becton made to her executive management team, six were women and all but one were over age 40. Becton's first three promotions were all women, including the first woman ever to be a Chief Assistant DA and the first woman ever to be an Assistant DA. The percentage of women prosecutors officewide increased from 43% to 55% during DA Becton's administration. While plaintiffs were not selected for promotion to the executive management team, other women and persons over age 40 were. And Plaintiffs have been assigned to other important roles, including supervisorial roles, that best match their skills with the current needs of the office. These decisions were made without regard to their gender or age. Nonetheless, the County felt reaching a settlement was the best approach to allow the District Attorney's Office to move forward.

Result

$2.2 million settlement.