Appeal Of Federal Defender Harassment Claims Heard By Fourth Circuit
The United States Court of Appeals for the Fourth Circuit recently heard oral arguments in the appeal of the dismissed sexual harassment claim of a former federal public defender.
Reuters reported on the district court dismissal
A federal judge ruled on Friday that a former public defender in North Carolina had failed to prove that U.S. federal judiciary officials mishandled a sexual harassment complaint she lodged against her supervisor.
U.S. District Judge William Young found that Caryn Strickland had failed to establish during a non-jury trial in Asheville, North Carolina, that her rights under the U.S. Constitution to equal protection under the law and due process were violated.
The 285-page ruling, opens new tab followed a rare trial focused on how the judiciary handles complaints of workplace misconduct by its 30,000 employees, who unlike other workers nationally are not covered by statutes protecting them against discrimination.
Strickland was among a group of female former judiciary employees who testified to Congress in 2022 in support of legislation to give judicial employees greater rights, a proposal Democratic lawmakers continue to pursue while calling for the judiciary to do more to deter workplace misconduct.
Young joined those calls for reforms on Friday, saying even though Strickland lost her case, the “inconvenient truth” was that her career withered and her services in public service were lost after she made a “good faith” claim of sexual harassment.
“That she is without redress under the present legal framework cannot be a cause for congratulation on the part of federal judges or administrators,” wrote Young, a Boston-based judge who heard the North Carolina case due to conflicts.
Cooper Strickland, Caryn Strickland’s husband and her lawyer in the case, declined to comment.
A spokesperson for the Administrative Office of the U.S. Courts said it was studying Young’s order, including his recommendations for reform. “We reaffirm our commitment to providing a collegial, respectful, and dignified workplace,” she said in a statement.
Strickland worked from 2017 to 2019 in the Western District of North Carolina in the Federal Public Defender’s Office, which provides lawyers for indigent defendants and is part of the federal judiciary.
She sued in 2020, alleging her rights were violated through the mishandling of her complaint about J.P. Davis, her direct supervisor.
She cited a May 18, 2018, “quid pro quo” email Davis sent after they had drinks offering to help her career, saying he had a “plan” to help her raise her pay, adding “just remember I deal in pay-for-stay :).”
She alleged the then-top federal defender in her district responded to her complaint about Davis’ conduct with deliberate indifference and that officials botched the handling of a complaint she pursued through an employment dispute resolution system managed by the 4th U.S. Circuit Court of Appeals.
Strickland said the harassment forced her to resign. She sought an award of at least $692,881 for lost earnings.
But Young said that while the investigation into her claims was flawed and took far too long, it was not a “sham” probe.
The top federal defender displayed hostility to her claims, but his views were not the result of gender bias and he had “limited” involvement in determining how her claims should be resolved, Young ruled.
Young said the judiciary nonetheless should consider ways to reform the system, including by bringing judges in to address sexual harassment complaints earlier in the process.
“If we judges are serious about sexual harassment, we must own the process,” Young wrote.
The case is Strickland v. United States, U.S. District Court for the Western District of North Carolina, No. 20-66.
(Mike Frisch)
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