Victims of harassment by federal judges often find the judiciary is above the law

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2024-05-01 00:00:17

Warren described to Congress how Stephen Reinhardt, a prominent federal appeals court judge who died in 2018, left a drawing of women's body parts at her desk, demeaned her appearance, and questioned her husband's masculinity while she served as his law clerk.

Looking back now, Warren said, she would not recommend others follow her path and speak out about abuse by federal judges. In fact, she said, she advises young lawyers not to pursue elite clerkship opportunities, because she thinks the risks are too great.

"I don't think anything has changed," she said. "I still have not received an apology from the judiciary about what happened to me. I no longer expect one. I'm not holding my breath."

Millions of people who experience harassment on the job enjoy workplace protections, whether they report to private companies, nonprofit groups or even the U.S. Congress. But that's not the case for some 30,000 people who work for the federal judiciary. That branch of government is largely exempt from the civil rights law that protects workers and job applicants from discrimination.

"I think the judiciary sees itself in a lot of ways as above the law," said Gabe Roth, executive director of the watchdog group Fix the Court, a group that advocates for more transparency and accountability in the federal court system. "It sees itself as separate and different."

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