Former Marc Berman, D-Palo Alto, staffer details workplace harassment

Ferguson, 27, said Berman’s district director and her supervisor, Zachery Ross, flirted with other women in the office and commented on their attractiveness, including ranking their bodies on a scale of 1 to 10.

“My supervisor reduced me and the other professional women in our proximity to our sexual appeal and availability,” she wrote.

After four months on the job, Ferguson said she reported the behavior to Berman’s chief of staff, believing he would elevate the complaint to the WCU. But after hearing nothing for more than a year, prompting an anonymous call to the WCU for advice, Ferguson would come to learn the complaint had not been elevated, she said in the column. She also describes feeling tricked by an investigator with the unit into filing a complaint directly, which was shared with the chief of staff.

She said her complaint was followed by “clear-cut retaliation,” which included a critical written job review.

Ferguson resigned from the position in August last year following medical leave for an anxiety disorder she said was a result of her experience. She said the investigation at one point turned to her, with investigators questioning if she was sexually attracted to various co-workers.

She said she was informed later that year that the WCU could not substantiate her allegations, but the investigation did find that her supervisor behaved inappropriately. Ross was ordered to complete counseling and remains on the job.

Ferguson also filed a complaint last year with the state Department of Fair Employment and Housing alleging harassment and retaliation, according to the Chronicle.

During an interview this week, Berman said he was limited on what he could say due to a threat of litigation by Ferguson aimed at his office.

“Accusations were made, we fully complied with and respected the investigatory process the legislature has set up, which is an independent investigatory process,” Berman said. “I fully respect the findings that were made as a result of that process, and the discipline that was handed out as a result of that process … I regret that Ms. Ferguson, my former field representative, had a negative experience working in the office.”

Berman, elected in 2016, is up for reelection this November, and faces a sole challenger, Republican Tim Dec.

Dec noted he did not believe the allegations would be a factor in the race.

“I certainly agree we need to aggressively address harassment like this, it’s unfortunate to see,” Dec said, who called for the WCU’s report to be made public in a capacity that respected Ferguson’s privacy.

In an official statement, Berman called the WCU’s investigation “remarkably thorough and extensive” and noted it also looked into “additional issues that were identified during their investigation.”