Two women working under District Attorney John Sarsfield
sidestepped planned settlement talks and filed a sexual harassment
lawsuit Thursday against the prosecutor and San Benito County. They
claim he’s having an affair with a subordinate that has led to
hostility and favoritism in the workplace.
Two women working under District Attorney John Sarsfield sidestepped planned settlement talks and filed a sexual harassment lawsuit Thursday against the prosecutor and San Benito County. They claim he’s having an affair with a subordinate that has led to hostility and favoritism in the workplace.
The suit includes the same allegations as a complaint filed with the county June 9 and another one subsequently filed with the state Department of Fair Employment and Housing.
Katie Fancher and Julie Roybal – both employed in the District Attorney’s office for nearly two decades as advisers to crime victims – filed the suit despite Sarsfield’s willingness to sit down and discuss a settlement.
They allege Sarsfield has had an affair with office manager Nancy Leon since his tenure began in January 2003 – and that the relationship has led to favoritism toward her and discrimination against other women employed there.
They’re seeking an unspecified amount of money and changes to how Sarsfield treats female workers in the office.
Sarsfield has denied all the allegations in the complaints, including the alleged affair. He referred all questions Thursday to his lawyer, John Giffen.
“The claims are still baseless and do not constitute sexual harassment,” Giffen said. “He will deny everything at this juncture.”
Both sides previously had agreed to hire an outside mediator in an attempt to avoid court action, along with the added expenses of litigation.
But the lawyer representing the two women, Bill Marder, said they preferred filing the suit over waiting for the other defendant – San Benito County – to finish its investigation of the allegations.
The county wasn’t ready to join mediation talks until it’s done with that legally required probe; officials hope the county’s hired investigator finishes by the end of August, according to Human Resources Director Liz Brown.
Regardless, settling out of court still could be an option, lawyers for both sides said. Because if the case goes to trial, Marder pointed out, it wouldn’t be on the court calendar for about a year.
Giffen said he’s hopeful they can reach a settlement out of court.
“If not, we’ll have to spend everyone’s money,” he said.
Marder has indicated money would have to be part of a settlement deal.
“I got the impression that the county wasn’t in a position to seriously talk settlement,” Marder said. “And so I wanted to move things forward.”
Marder believes there’s enough evidence to prove in court the relationship exists. For example, he said he can verify Sarsfield has favored Leon, and that the two have often spent large portions of workdays together in and out of the office.
Further, he’s ready to show the alleged affair led to demeaning and humiliating treatment toward Fancher and Roybal – while Leon received “special privileges,” he said.
Many of the claims go back to the beginning of Sarsfield’s term as the district attorney. Fancher and Roybal waited to pursue court action, Marder said, because they had hoped Sarsfield and the county would fix the alleged problems without a suit.
Some of the allegations in the suit include the following:
– Sarsfield and Leon openly engaged in a romantic relationship; they have often arrived to work together and left together for significant portions of workdays
– Leon got special privileges; as part of a proposed reorganization she would have been promoted over Fancher
– Sarsfield created the impression Leon has complete control of the office
– He invited Leon to social events while excluding other female employees
– He demoted Deputy DA Candice Hooper, the most experienced attorney on the staff, from handling felony cases to doing misdemeanors
– The alleged affair adversely affected the plaintiffs’ work environment and opportunities for promotions
After the initial complaint was filed June 9, the county hired a law firm – Liebert, Cassidy & Whitmore – for legal representation and to launch the investigation of the allegations. One month later Sarsfield agreed to hire a mediator.
“We’ve cooperated in every aspect,” Giffen said of Sarsfield. “We’ve met with the investigator. She has done a very efficient and excellent job in getting things moving.
“We were hopeful we could avoid the cost of a lawsuit, but it looks like we’re going to be faced with it.”
The interviewing stage of the investigation is done, according to Brown, the county’s personnel head. She expects to have a final report from the investigator by the week of Aug. 23, she said.
Ideally, she said, the county would have been allowed to “exhaust the due process” – or complete its own probe – before being sued. Three county supervisors reached Thursday – Bob Cruz, Reb Monaco and Pat Loe – all declined to comment.
Fancher and Roybal believe the allegations haven’t been taken seriously to this point, Marder said. Suing was the “last resort,” he said.
“I think they look forward to getting the truth out,” he said.
