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 DA’s office after losing his job because of an accidental ‘reply-all’ email.

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

In it, the trained victim advocate appeared to ask the married 42-year-old District Attorney Brooke Jenkins ‘what color’ her panties were, before profusely apologizing in a follow-up seconds later.

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

This suggests he sent the messages from a work laptop, in a reply to a calendar invite for an event memorializing the 1998 torturing and killing of a gay college student. He was fired that day, but now claims he was wrongfully terminated.

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

In the Superior Court complaint, attorneys for Thomas wrote how he had been texting with a longtime friend whose father had just died, and intended to cheer him up with the message. 

It had asked: ‘What color panties you have on[?]’ 

‘Hoping to cheer up his friend, who was distraught and grieving the death of his father, [Thomas] intended to text his friend a jokey question of the sort that that plaintiff had sent his friend on occasion in the past,’ lawyers explained.

‘[Thomas’s] text to his friend was a whimsical question that was part of plaintiffs standard jocular repertoire with his friend. 

‘In the context of their long-time friendship, plaintiff’s flip question had no sexual, off-color, obscene, misogynistic or sexist meaning or intent. 

‘Rather, it was a goofy, non-sequitur by one long-time friend to another friend intended to try to divert and cheer him up while he was going through a difficult and upsetting experience. 

‘[Thomas’s] text was not an actual inquiry about the color of his friend’s panties, as plaintiff was aware that his friend was a straight male who did not wear panties.,’ the complaint concluded.

‘It was a silly joke intended to cheer up his friend.’

The staffer went on to profusely apologizing in a follow-up seconds later, claiming it was an accidental text despite it containing his official email signature

But it was not perceived this way, and on January 26, spawned outrage and a swift internal investigation – hinted at by Chief Assistant District Attorney Ana Gonzalez in this final reply to the unfolding disaster

But it was not perceived this way, and on January 26, spawned outrage and a swift internal investigation – one that culminated with the Bayview victim advocate’s firing.

Before that, he frantically told fellow employees he accidentally messaged: ‘Good afternoon everyone[.]

‘[W]hile 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]lease know this is not who I am as a person as I carry myself with respect and dignity,’ the hastily penned apology went on.

‘Please know that I am sincerely sorry and would never do such a thing on purpose.’

Later in the day, Chief Assistant District Attorney Ana Gonzalez issued the final reply to the unfolding disaster – instructing staffers to delete the initial email and refrain from spreading it further.

‘Dear all,’ the new, also re-shared email began. ‘ We are aware than an inappropriate email was sent out. This matter is being handled by the administration.

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

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

Thomas’s complaint alleges Jenkins and others made ‘false, fraudulent, malicious and humiliating statements’ about him to the press. He is seeking a jury trial and compensatory and punitive damages. Jenkins is seen here with new presidential candidate Kamala Harris

‘If you have opened the email please delete it, do not forward, copy or other disseminate this email,’ Gonzalez continued.

‘Please be reminded City issued email is for business purposes only. If you have any questions of concerns please feel free to contact SFDA HR.’

Brooke Jenkins, a 42-year-old who assumed the role of interim district attorney after the recall of Chesa Boudin in 2022, herself did not speak on the embarrassment, but a spokesman for the DA’s office did, issuing a statement in the following days decrying Thomas’s ‘misogynistic behavior.’

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

‘The District Attorney’s Office is committed to maintaining a professional office environment where all staff members are treated with dignity and respect and not subject to harassment or a hostile work environment.’

In turn, Thomas’s complaint alleges Jenkins and others made ‘false, fraudulent, malicious and humiliating statements’ about him to the press .

A week later, he said, he was told his termination was for cause.

He is seeking a jury trial and compensatory and punitive damages as a result.

Jenkins has worked in the DA’s office since 2014. She is married and has three kids with her partner, Daniel.