A former California Department of Corrections and Rehabilitation parole administrator who alleges she was retaliated against and denied promotions for complaining about gender discrimination is seeking internal records of the agency to determine why.
The documents are material to proving that plaintiff Gabriella Aguilera engaged in “protected activity” and to establishing that the CDCR’s stated reasons for passing over Aguilera for promotion were pretextual, Aguilera’s attorneys state in court papers filed Tuesday with Los Angeles Superior Court Judge Kristin S. Escalante.
A protected activity is a legally recognized action that an employee or individual can take without fear of retaliation, termination, or punishment by their employer or an opposing party. If Escalante grants Aguilera’s motion during a scheduled Aug. 6 hearing, the judge will review the relevant records in chambers and decide which, if any, should be turned over to Aguilera’s attorneys.
Aguilera’s lawsuit alleges retaliation, gender harassment and discrimination and failure to prevent discrimination and harassment. Aguilera was hired by the CDCR in 1997 and three years later was transferred to the department’s Division of Adult Parole Operations as a parole agent. She was named an acting chief deputy administrator for DAPO’s headquarters in September 2020.
Two months later, an anonymous email was sent to about nine high-ranking DAPO managers falsely alleging that Aguilera was having an affair with her supervisor, according to the suit, which further states the department later determined the allegation was “so baseless as to not even warrant a full investigation.”
In January 2023, multiple emails were sent to about 10 top management members that appeared to be addressed to Aguilera’s supervisor and said, `It’s common knowledge within certain CDCR circles that you and Gabriella have been having an affair for years and she is a regional parole administrator, compliments of you,” the suit alleges.
The department did not warn employees that they could be disciplined for sending false and derogatory emails about other workers, nor did management tell those who received the communications that there was no evidence to support the allegations about Aguilera and her boss, the suit filed in May 2024 states.
During the time the emails were sent out, the DAPO held a promotional selection process to fill the job of regional parole administrator for the southern region, a position that Aguilera held in an acting capacity for two months in 2022, according to the suit, which further states she was denied the upgrade even though she had the highest written examination score.
Aguilera sent an email to the state Senate Rules Committee protesting the aforementioned emails, as well as two more circulated in April 2023, and the plaintiff believes she was denied promotion to acting deputy director in her division because of her complaint to the committee, the suit states.
In September 2023, Aguilera was transferred to another position that was effectively a demotion and two months later she was reassigned yet again to another position that required a longer drive from her home, a punishment known as “freeway therapy,” the suit states.
The CDCR’s alleged harassment and retaliation against Aguilera have severely damaged her professional reputation, caused her significant physical and emotional distress and hurt her ability to get promotions and she retired in June 2024, the suit states.