A former Orange County prosecutor alleges that a supervisor sexually harassed her and higher-level managers retaliated against her, according to the latest workplace-related lawsuit to be filed against the Orange County District Attorney’s Office.
The former head of the OC DA’s felony sexual assault unit made “repeated and unwelcome sexual advances” toward the woman, including “inappropriate and sexualized comments, graphic discussions of personal sexual activities and sending lewd text messages,” the suit states.
Jess Rodriguez, the former supervisor, texted the former prosecutor — identified in the court filing by the pseudonym “Jane Doe” — “I need to get in some quality time watching you bend over to reach the projector” and “Gimme something to have sweet dreams about tonight,” among other allegedly lewd messages, according to the lawsuit.
The former prosecutor attempted to rebuff her supervisor’s advances by talking about already being in a committed relationship and deflecting his comments, the suit says. But due to “prior retaliation against colleagues who complained about misconduct,” the woman “reasonably believed that reporting Rodriguez’s behavior would jeopardize her career advancement,” it adds.
The woman began experiencing “hostility” from Richard Zimmer and Rebecca Reed — higher-level supervisors who at the time were the head and assistant head of the DA’s felony panel — after “several months of consistently rebuffing Rodriguez’s advances,” according to the lawsuit. That included, the suit alleges, Zimmer and Reed refusing to allow her to offer “reasonable plea deals” to defendants in cases she was assigned.
“Plaintiff was subjected to disparate treatment, public humiliation, and unequal enforcement of workplace rules,” the lawsuit reads. “She also observed a broader pattern within OCDA of disparate discipline and promotional opportunities that specifically affected attorneys of minority ethnicities. These inequities were noticed and remarked upon by peers, judges and other members of the legal community.”
The allegations of harassment, discrimination and retaliation were investigated by the county’s Equal Employment Opportunity Access Office, according to the lawsuit. While that investigation was pending, the lawsuit alleges that Zimmer took part in a “sham disciplinary investigation” into the woman, while other colleagues with less tenure were promoted ahead of her. The woman resigned from the DA’s office in September 2024, while several months later the equal employment opportunity office investigation ended with a finding that her claims were “not substantiated.”
Rodriguez and Reed could not be reached for comment. Zimmer is now an Orange County Superior Court judge. A court spokesman, responding to a request for comment, said Zimmer is prohibited by judicial ethics rules form commenting on any court proceedings.
Kimberly Edds, an OC DA spokeswoman, said the office did not learn of the allegations of sexual harassment aimed at Rodriguez until the former prosecutor filed a claim with the county in March 2025. Rodriguez was immediately placed on leave, Edds said, and chose to resign in June.
“The District Attorney has worked very closely with the board of supervisors, county HR and the county EEO (Equal Opportunity Office) to provide additional anti-harassment training, as well as reinforcing the many different ways employees can report harassment of any kind,” Edds said.
When the former prosecutor announced her resignation to leave for another job in the legal field, Edds said, she asked DA Todd Spitzer if the new position didn’t work out, could she come back to the OC DA office. Spitzer told her that given the county financial situation, he could not make any promises or hold a job open, Edds added.
A jury in June awarded Tracy Miller, a former top-level DA supervisor, more than $3 million after finding that DA Spitzer targeted her and forced her out of the office after she tried to help shield lower-level colleagues who had been sexually harassed by another former DA supervisor. A series of other lawsuits alleging sexual harassment and retaliation at the DA’s office involving at least five current and former female prosecutors are awaiting trial.