A San Diego jury recently awarded more than $3 million to former Orange County prosecutor Tracy Miller after finding she was forced out of her position in retaliation for defending her female colleagues from workplace sexual harassment. The jury awarded damages for economic loss, emotional distress, and punitive damages. This case sends a strong message about California's laws protecting employees from retaliation, especially when they step forward to support coworkers who are being mistreated.

In this blog, we explore what this verdict means for employees who are facing retaliation, how California law protects those who speak up, how juries are calculating damages in these cases, and what employers can do to prevent similar lawsuits.

The Facts Behind the Case: Advocacy Leads to Retaliation

Tracy Miller served as a respected prosecutor in Orange County for over two decades. According to court records and news coverage, she stood up for several female colleagues who had experienced sexual harassment at the hands of a male supervisor. Instead of being applauded for protecting others, Miller faced increasing hostility and was eventually pushed out of her job.

Rather than resigning quietly, she fought back. The jury ultimately found that her departure was not a voluntary one, but was the result of unlawful retaliation. They awarded her more than $3 million in total damages.

This case highlights an important legal reality. Under California law, it is illegal to retaliate against an employee who speaks out about workplace harassment, even if they are not the direct victim. Miller's case is a vivid example of how California juries are willing to hold employers accountable for violating those rights.

Understanding Retaliation Under California Law

California's Fair Employment and Housing Act (FEHA) makes it unlawful for employers to retaliate against workers who report discrimination or harassment, assist in investigations, or support colleagues who have experienced misconduct. This includes verbal complaints, written complaints, participation in HR inquiries, and even informal advocacy on behalf of others.

Retaliation can take many forms, including:

• Termination or demotion

• Reassignment to less desirable duties

• Isolation or exclusion from meetings and projects

• Negative performance reviews not supported by evidence

• Threats, verbal abuse, or hostile behavior

You do not have to be the direct target of discrimination to be protected. FEHA extends legal safeguards to those who advocate for others, report violations, or assist coworkers in exercising their rights. In this case, Miller's support of female colleagues triggered a pattern of retaliatory behavior, which ultimately cost her job. The jury recognized this as a clear violation of California law.

How Juries Are Calculating Damages in Retaliation Cases

The verdict awarded to Tracy Miller includes several types of damages that are commonly seen in employment law cases today:

1. Economic Damages

These compensate the employee for actual financial loss, such as past and future wages, lost benefits, and diminished earning capacity. If an employee is pushed out of their career and has difficulty finding equivalent work, economic damages can quickly add up.

2. Emotional Distress Damages

These are awarded for mental suffering, anxiety, humiliation, and other non-economic harm caused by the employer's retaliation. Courts and juries often consider testimony from the employee, medical professionals, and witnesses who observed changes in behavior or emotional well-being.

3. Punitive Damages

Punitive damages are awarded to punish the employer for egregious behavior and to deter similar conduct in the future. These are only awarded when the employer's actions are found to be malicious, fraudulent, or oppressive. The fact that Miller received punitive damages suggests that the jury found the employer's conduct especially harmful.

Juries in California are increasingly open to awarding significant damages when employers violate retaliation laws. The Miller case is one of the latest examples of this trend.

Key Takeaways for Employees

If you believe you are being retaliated against for reporting harassment or supporting a coworker who reported it, here are some important steps to take:

• Document everything. Keep a written record of any complaints you made, who you spoke with, what was said, and when. Also, document any retaliatory behavior that followed.

• Speak with an employment attorney. Retaliation cases are complex, and early legal advice can help you understand your rights and determine your next steps.

• Act quickly. California law has strict time limits for filing complaints with the California Civil Rights Department (formerly the Department of Fair Employment and Housing) or in court.

You have the right to a workplace free from retaliation, whether you are reporting harassment against yourself or standing up for someone else.

Best Practices for Employers: Avoiding a $3 Million Mistake

Employers must take workplace retaliation seriously. The consequences of ignoring or mishandling these issues can be severe. Here are several best practices to avoid costly legal exposure:

1. Provide Ongoing Anti-Retaliation Training

All supervisors and managers should be regularly trained on what constitutes retaliation and how to respond appropriately when employees report concerns. Training should also include examples of retaliation and how to avoid it.

2. Establish and Enforce Strong Reporting Protocols

Employees should know where and how to report harassment, discrimination, or retaliation. The process should be confidential, easy to access, and free from intimidation or fear of punishment.

3. Investigate All Complaints Promptly

If someone raises a concern—even informally—it should be taken seriously. A timely and impartial investigation should follow. Employers should document every step of the process and take corrective action when necessary.

4. Protect Whistleblowers and Advocates

Employees who report misconduct or support others must be shielded from retaliation. If changes to an employee's role are necessary during an investigation, employers should ensure those changes are temporary, justified, and not punitive.

5. Consult Legal Counsel Before Disciplinary Action

If an employee has recently raised concerns or been involved in an investigation, consult with an employment attorney before taking adverse action. Firing or disciplining an employee in close proximity to a complaint can trigger legal scrutiny.

The Broader Implications: Why This Verdict Matters

The Tracy Miller verdict is not an isolated case. It reflects a broader movement in California toward greater accountability for workplace misconduct and retaliation. As more employees come forward to report inappropriate behavior and support their peers, employers must be prepared to respond lawfully and respectfully.

For employees, this case is a reminder that the law is on your side. Whether you are a direct victim or an ally who speaks out, you have legal protections under state law. For employers, the message is clear: retaliation is not only unethical, it is expensive.

Final Thoughts

This $3 million retaliation verdict underscores the importance of a workplace culture that supports speaking up. It also highlights the growing power of California juries to deliver meaningful justice for employees who are wronged. Both employees and employers should take this case to heart.

If you have questions about retaliation, harassment, or your rights under California employment law, speak with an experienced retaliation attorney. The sooner you act, the better your chances of protecting your career and your well-being.