In a powerful affirmation of California’s workplace retaliation laws, a San Diego jury recently awarded $3 million to former Orange County prosecutor Tracy Miller, finding that she was effectively forced out of her position after standing up for colleagues who reported sexual harassment.
Miller, a 25-year veteran and one of the highest-ranking female prosecutors in Orange County, became a central figure in a 2020 internal investigation that exposed sexual misconduct by her former supervisor, Gary Logalbo—who happened to be the best man at District Attorney Todd Spitzer’s wedding. Four women had accused Logalbo of harassment, and Miller’s cooperation with the investigation proved pivotal. But rather than being applauded for doing the right thing, Miller was sidelined, undermined, and subjected to gender-based hostility within the DA’s office.
By 2021, the environment had become so toxic that Miller felt she had no choice but to retire. She filed a retaliation and constructive discharge lawsuit the following year, naming Orange County, DA Todd Spitzer, and Chief Assistant Shawn Nelson as defendants. After a two-week trial in June 2025, the jury returned a decisive verdict in her favor, awarding $3 million in emotional distress and future earnings, along with $25,000 in punitive damages directly against Spitzer.
This verdict carries weight far beyond Miller’s personal story. It underscores that California’s Fair Employment and Housing Act (FEHA) protects not only those who report harassment themselves, but also those who advocate for others. In the post-#MeToo legal landscape, this case serves as a reminder that standing up for what’s right is not only morally sound—it’s legally protected.
For employees who may feel powerless when witnessing inappropriate behavior in the workplace, Miller’s case is a beacon: retaliation is actionable, and justice is possible. For employers, the message is equally clear—anti-retaliation policies must be more than window dressing. Institutions that tolerate or perpetuate retaliatory conduct risk not only public embarrassment but significant financial consequences.
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