Pantyhose problem: Ex-Kern prosecutor files discrimination suit in federal court
BAKERSFIELD, Calif. (KGET) — Former Kern County prosecutor Nishi Dayal says supervisors at the District Attorney’s Office objected to her social media posts, reprimanded her for wearing traditional religious tattoos and told her not to wear skirts to work, even during Bakersfield’s scorching summers, unless she also wore pantyhose.
That last one posed a particular problem for Dayal, according to a federal lawsuit set for a scheduling conference next month. She has fibromyalgia, a painful disorder that limits her mobility and prevents her from wearing stockings or certain footwear, the suit says.
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After multiple reprimands, Dayal was demoted, according to the suit. She went from hearing felony cases in Bakersfield to being assigned misdemeanor cases in Delano.
Four months later, she resigned, “exhausted by the ongoing discrimination, harassment and retaliation,” according to the suit.
Dayal alleges disability and religious discrimination in the suit against the county, which names as defendants District Attorney Cynthia Zimmer and several supervising attorneys.
“Defendants fabricated disciplinary write-ups, defamed Ms. Dayal and engineered her demise and opportunity for future employment opportunities within the public sector solely to further their discriminatory and retaliatory brigade against Ms. Dayal because she refused to submit to their unlawful employment practices,” the suit says.
In response, Assistant District Attorney Joseph Kinzel said Thursday, “We look forward to presenting a complete defense to these claims and ensuring that the truth prevails.”
Last year, Dayal filed a claim — the precursor to a lawsuit against a government agency — and the county rejected it. She filed suit in federal court in January.
Kristin Davis, public affairs officer for Kern County Superior Court, said there is no specific local rule of court regarding dress code.
“Attorneys are expected to dress professionally,” she said. “However, they certainly do not require a woman wear a skirt or pantyhose.”
The District Attorney’s Office has its own dress code policy, and has had one in place for at least 30 years.
Among the requirements for women are that “pantyhose will be worn with dresses, skirt suits, and dress suits. Some type of sock or stocking must be worn with pant suits,” according to the most recent version of the policy, issued in October 2022.
Regarding footwear, “Business style shoes should have a heel and closed-toe or peep-toe,” the policy says. “Flats with a heel are acceptable. Shoes should be clean and shined.”
Tattoos must be covered.
“The appearance of attorneys reflects upon the brand of the Kern County District Attorney’s Office,” the policy says. “There is no second chance for a first impression when in trial.”
It says employees dressed inappropriately or unprofessionally will be counseled privately and may be sent home to change.
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Dayal’s employment
Dayal joined the DA’s Office on Jan. 6, 2020. Ten months later she was assigned to the general felony gang unit.
The first disciplinary action mentioned in the suit occurred June 2020, when supervisors spoke with her about posts she made on Instagram on race, education, police brutality and discrimination against “non-white” women. She was asked whether she supported police and could do her job, the suit says, and whether she trusted her employer’s judgment in deciding when to charge law enforcement officers.
Her posts were inappropriate, Dayal was told according to the suit. It notes other employees were allowed to sell pro-police “Blue Lives Matter” flags and related items at work.
“It was at this moment that Ms. Dayal became a target for defendants,” the suit says.
In November 2021, Dayal, who practices Hinduism, went to work with traditional henna tattoos on her palms after a family wedding. A supervisor told her not to go to court until “her hands were clean,” according to the suit.
There’s a discrepancy between Dayal’s treatment, the suit says, and those of Christian employees, who were allowed to wear cross necklaces in court without discipline.
The following year, according to the suit, a supervisor confronted Dayal over her footwear and clothing, accommodations for which she had previously been allowed. No more skirts, a supervisor told her, unless she wore pantyhose.
The supervisor became “visibly agitated,” according to the suit, when Dayal said she had a doctor’s note saying she could not wear pants or pantyhose because of her fibromyalgia.
In July 2022, Dayal was assigned to the Delano courthouse. The commute aggravated her fibromyalgia, according to the suit, resulting in her arriving late and being reprimanded on multiple occasions.
Shortly before she resigned in November 2022, Dayal became aware Zimmer sought text messages and emails from all employees regarding Dayal and any work-related complaints she shared, according to the suit.
“This was done in an effort to build cause for termination against Ms. Dayal to avoid dealing with Ms. Dayal’s request for accommodations due to her disability and religious observations,” the suit says.
Dayal left Kern with a conditional job offer from Riverside County District Attorney’s Office.
The suit, however, alleges some Kern prosecutors contacted Riverside and “sabotaged” her. The offer was rescinded a month later.
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