The toe-curling reply-all email that city worker accidentally sent to colleagues – including San Francisco DA – that unfairly cost him his job, lawsuit alleges

A man is suing the San Francisco District Attorney’s Office after he lost his job over an accidental “reply-to-all” email.

Jovan Thomas, 56, filed the complaint on Friday, six months after the correspondence in question.

In it, the trained victim advocate appeared to ask the married prosecutor “what color” her underwear was, only to apologize profusely seconds later.

Both messages were sent to the entire office, with the employee’s full email signature.

This suggests he sent the messages from a work laptop, in response to a calendar invite to an event commemorating the torture and murder of a gay student in 1998. He was fired that day, but now claims he was wrongfully dismissed.

Jovan Thomas, 56, filed the complaint Friday, six months after the correspondence in question, seen here

In the complaint to the court, Thomas’ lawyers wrote that he had sent a message to a close friend whose father had just died, and that they wanted to cheer him up with the message.

The question was, ‘What color panties are you wearing?[?]’

‘Hoping to cheer up his friend, who was distraught and grieving over the death of his father, [Thomas] “He wanted to send his friend a funny question, like the one the plaintiff had sent to his friend in the past,” the lawyers explained.

‘[Thomas’s] The text he sent to his friend was a whimsical question that was part of the standard repertoire of farcical conversations the plaintiff had with his friend.

‘Given their long-standing friendship, the plaintiff’s reverse question had no sexual, inappropriate, obscene, misogynistic or sexist meaning or intent.

‘Rather, it was a silly, non-sequitur message from a good friend to another friend, intended to distract and cheer him up while he was going through a difficult and unpleasant experience.

‘[Thomas’s] The complaint stated: ‘The complaint contained no actual question about the color of his friend’s underwear, as the plaintiff knew his friend was a heterosexual male who did not wear underwear.’

“It was a lame joke, meant to cheer up his friend.”

The employee then apologized profusely in a follow-up message seconds later, claiming it was an unintentional text despite it containing his official email signature

But it wasn’t taken that way, and on January 26, outrage and a swift internal investigation ensued, hinted at by Assistant District Attorney Ana Gonzalez in this latest response to the unfolding disaster.

But it was not taken that way and on January 26th outrage arose and an internal investigation was immediately launched. That investigation resulted in the dismissal of Bayview’s victim advocate.

Before that, he had panicked and told his colleagues that he had accidentally sent a message: ‘Good afternoon everyone[.]

‘[W]While texting back and forth with my fraternity brother, I sent a very inappropriate email.

‘The email was meant as a joke… and I sincerely apologize to everyone.

‘[P]“I need to know that this is not who I am as a person, because I conduct myself with respect and dignity,” the hastily written apology continued.

“Please know that I am truly sorry and that I would never do something like this on purpose.”

Later that day, Deputy District Attorney Ana Gonzalez gave the final answer to the unfolding disaster, ordering her staff to delete the original email and not to distribute it further.

“Dear all,” the new, also re-shared email began. “We are aware that an inappropriate email has been sent. This matter is being handled by the administration.

He is now suing Jenkins, her office and the city. The city’s district attorney is seen here with her husband, Daniel. She earned her law degree from the University of Chicago after studying political science at UC Berkeley

Jenkins with her husband Daniel and two of their three children. She has worked in the district attorney’s office since 2014. She took on the role of interim district attorney after the recall of Chesa Boudin in 2022, after which she was officially elected

Thomas’ complaint alleges that Jenkins and others made “false, fraudulent, malicious and derogatory statements” about him to the press. He seeks a jury trial and compensatory and punitive damages. Jenkins is seen here with new presidential candidate Kamala Harris

“If you have opened the email, delete it. Do not forward it, copy it or otherwise distribute it,” Gonzalez continued.

“Please note that the city issued email is for business purposes only. If you have any questions or concerns, please feel free to contact SFDA HR.”

Jenkins, a 42-year-old who took over as interim district attorney after Chesa Boudin was recalled in 2022, did not speak about the scandal herself, but a spokesperson for the district attorney’s office did. In the days that followed, she issued a statement condemning Thomas’ “misogynistic behavior.”

“This misogynistic behavior violates the office’s code of conduct and this individual has been terminated,” the spokesperson wrote.

‘The Public Prosecution Service strives to create a professional working environment in which all employees are treated with dignity and respect and are not harassed or exposed to a hostile work environment.’

Thomas alleges in his complaint that Jenkins and others made “false, fraudulent, malicious and derogatory statements” about him to the press.

A week later, he said, he was told he had been fired for cause.

He is demanding a jury trial and, as a result, damages.

Jenkins has worked for the Public Prosecution Service since 2014. She is married and has three children with her partner Daniel.