MTS dismissed from ex-employee’s lawsuit accusing Nathan Fletcher of sexual harassment

A judge has dismissed all legal claims against the San Diego Metropolitan Transit System lodged by former public relations specialist Grecia Figueroa, leaving former county Supervisor Nathan Fletcher the sole defendant in the long-running litigation.

It is the latest downsizing of a lawsuit that landed like a political bombshell two years ago. Late last year, the most serious allegations against Fletcher were withdrawn by the plaintiff.

The ruling Friday came after a Superior Court hearing in which lawyers for the transit agency argued that Figueroa’s termination more than two years ago had nothing to do with Fletcher.

Figueroa filed a lawsuit accusing Fletcher of sexual harassment and assault in March 2023, and accusing MTS — whose board he chaired — of firing her in retaliation. Fletcher strongly denied the accusations but said he had violated the “basic trust and loyalty” of his marriage.

Figueroa had been terminated weeks earlier, on the same day Fletcher announced he was running for state Senate. Her lawsuit prompted Fletcher to end his campaign, and later to resign his MTS board seat and his seat on the county Board of Supervisors.

But MTS insisted Fletcher had nothing to do with Figueroa’s dismissal, and provided evidence that her performance at work had been singled out for improvement weeks before she was let go.

The court agreed on Friday and dismissed the agency from the case, which remains scheduled for trial next month.

“It is undisputed plaintiff did not report or complain about Defendant Fletcher’s alleged harassment until after she was terminated,” the ruling states. “The coincidence of Defendant Fletcher’s public pronouncement of his intent to run for the California State Senate … cannot on its own support a claim for retaliation.”

San Diego City Councilmember Stephen Whitburn, who stepped in as MTS board chair after Fletcher resigned, said the ruling was appropriate.

“From the outset of this case, our board was committed to an independent investigation and review of this matter,” he said in a statement. “We’re pleased to see the court’s agreement in dismissing charges against MTS.”

The agency’s chief executive also said she was pleased with the decision.

“As we put this case behind us, we remain focused on our ultimate mission to bring safe, reliable public transportation to our region,” CEO Sharon Cooney said in the same news release.

Neither Figueroa nor her attorney immediately responded to requests for comment on the ruling.

In all, MTS had moved to dismiss four remaining causes of action: sexual harassment, gender discrimination, retaliation and failure to prevent harassment, discrimination or retaliation.

The ruling approved Friday said deposition testimony and other evidence submitted to the court over the past two years did not warrant the transit agency remaining as a defendant in the case.

“The court concludes defendant Fletcher did not supervise plaintiff nor have any supervisory authority over plaintiff, and defendant MTS neither knew or should have known about defendant Fletcher’s alleged harassing conduct prior to plaintiff’s termination,” the ruling said.

The decision also noted that MTS official Mark Olson had written an internal memorandum a week before Figueroa was fired saying that her job performance was lacking.

“I’ve lost confidence in Grecia’s ability to take on special projects and perform up to the level her position demands,” the memo said. “She has been with MTS for three years. Grecia has had ample opportunity to learn on the job.”

The court also noted that Figueroa “does not dispute (that) no one at MTS was aware defendant Fletcher was going to run for Senate” and Fletcher “did not communicate to anyone any information about plaintiff’s employment.”

In fact, Figueroa was scheduled to be fired three days before Fletcher announced he was running for higher office, the ruling said.

In opposing the MTS motion for summary judgment, Figueroa and her lawyers argued the transit agency’s role in the alleged harassment and retaliation should be decided at trial.

“Triable issues exist as to whether MTS is liable for its board chair’s harassment,” the plaintiff argued in court papers. “But for Mr. Fletcher’s harassment of plaintiff, a triable issue exists as to whether plaintiff would still be employed by MTS.”

The court ruling Friday did include one win for Figueroa. Under the ruling, text messages the plaintiff exchanged with a third party named Danielle Radin were allowed to remain sealed from public view.

“These documents contain sensitive third-party personal information that, if disclosed, could cause reputational harm to Ms. Radin, which outweighs any potential benefit of public access to the documents,” the ruling said.

The original lawsuit Figueroa filed against Fletcher and MTS accused him of sexual assault and battery, saying he had groped her on two occasions inside the MTS headquarters. Figueroa withdrew her claims for assault and battery late last year ahead of a critical hearing in January.

According to San Diego Superior Court records posted online, a trial readiness conference in the case against Fletcher is scheduled Aug. 29. The jury trial is scheduled for Sept. 12.