LOS ANGELES (CNS) - A judge says in a tentative ruling that he is inclined to dismiss the remaining two claims in a lawsuit brought by a longtime Los Angeles County prosecutor who sued the county, alleging she was repeatedly harassed and denied promotions by individuals within the office she believed were trying to destroy her career.
Los Angeles Superior Court Judge Douglas W. Stern heard arguments from lawyers on Friday in plaintiff Linda Baek's allegations of retaliation and failure to prevent harassment, discrimination and retaliation in light of his tentative ruling, then took the case under submission.
In the tentative ruling, the judge said Baek has not provided evidence that the failure to promote her was linked to a "protected activity," which is conduct that workers may engage in without fear of retaliation by supervisors or employers.
Stern said the claim for failure to prevent harassment, discrimination and retaliation would be moot if there was no retaliation.
Baek sued in May 2021 and alleges she was subjected to a "coordinated pattern of continuing violations" that began when she complained of sexual harassment by a co-worker in 2014.
"I am aware that other deputy district attorneys who do not receive a grade promotion they applied for are provided feedback and coaching by senior attorneys to help them achieve the promotion in the future," Baek says in a sworn declaration. "I have never been provided any such feedback or coaching."
While Baek was hopeful for positive changes with the election of District Attorney George Gascon, "the same actors in the ... Human Resource Departments of the county and the District Attorney's Office have continued the pattern of retaliation, which has effectively destroyed Ms. Baek's once- promising career," the suit states.
From Baek's April 1995 hiring until 2014, she was on a positive career track, receiving favorable assignments and promotions, the suit states. She served for a time in the five-lawyer hate crimes unit along with future District Attorney Jackie Lacey, according to the suit.
In 2014, Baek met Bob Knapp, a retired Los Angeles Police Department officer referred to by some as an "institution" who was working as a juvenile case hearing officer in the district attorney's Long Beach branch, according to the suit.
"In her first meeting with Mr. Knapp, Ms. Baek found him strange, particularly when he said, `I love you, Linda' after having just met her," the suit states.
In a subsequent encounter in Baek's office, Knapp allegedly put his hand on her back and started groping at her bra strap before "she then threw him out of the office."
When Baek complained to a supervisor, the boss "minimized her claims and did nothing," the suit states.
The supervisor's alleged failure to do anything about Knapp's conduct "began a continuing pattern of suppression and retaliation that has essentially destroyed Ms. Baek's career with the District Attorney's office, and which continues to date," the suit states.
After Baek returned in August 2015 from a year-long family leave to deal with her daughter's medical condition, she was demoted to handling preliminary hearings, an assignment normally given to new lawyers in the office, the suit states.
Baek later moved to the post-conviction and discovery unit headed by Deputy District Attorney Brian Schirn.
"It soon became clear, however, that this was actually a choreographed move to further destroy her career and hold her hostage under Schirn's abusive thumb," the suit states.
Schirn enjoyed a uniquely powerful spot in the Lacey administration because he was a close friend with Joey Esposito, Lacey's second-in-command, the suit states. Schirn "considered himself untouchable: and often bragged about how he manipulated the careers of others to suit his needs," according to the suit. "It quickly became clear that Ms. Baek was sent to Schirn to have her career killed."
In her declaration, Baek says she believes Schirn was responsible for a false rumor that she was having an extra-marital affair with another office employee.
Baek filed complaints about her treatment and additional complaints were filed by others on her behalf, but each of them was "suppressed" without any investigation, the suit states.
Baek received a letter from an employee relations attorney in April 2021 stating that she is the subject of an administrative investigation, allegedly regarding "violations of the policies and rules of the county of Los Angeles and the District Attorney's Office."
According to Baek's suit, the letter did not specify how she allegedly violated the rules and "appears to be the latest in the continuing series of efforts to destroy her career and retaliate for raising legitimate complaints of harassment, discrimination and retaliation."