Qualified immunity is a legal protection for officials, and in this conversation Crystal Starnes explains how it figured in her own lawsuit. A former probation and parole officer, she tells Jeremy Van Wert why she stayed silent for years, what finally changed, and what she says an appeals court decided about a judge who claimed that protection.
ᛉKey takeaways
- Crystal says she stayed silent for years because the person who controlled her job could fire her and she feared no one would believe her.
- Learning about the EEOC from a colleague is what Crystal credits with changing her decision to speak.
- She urges anyone in a similar situation to keep dated notes, emails and texts, since her own handwritten journal helped her attorney.
- Crystal reports that the appeals court rejected the judge's qualified immunity claim, and she says the wording can help future cases.
- Her closing advice is to stand up for yourself, get outside help and take care of yourself first.
ᛃ Moments in this one
ᚠQualified immunity explained through one case
Jeremy introduces qualified immunity as a legal protection many people do not know about. He explains that police officers have it, and that it means many things done in the course of their work cannot be prosecuted against the individual officer. He adds that there are specific situations in which a professional can lose it, and that a judge has it too.
Crystal says that in her case the judge believed he had it and could not be sued over his conduct toward her. He appealed and lost. According to Crystal, three circuit court judges ruled in her favor and found he did not have qualified immunity.
ᚢWhat the appeals court decided, in Crystal's words
Crystal reads aloud from a press release her attorney wrote. It says the case reaffirmed the rights of anyone sexually victimized by an abusive public official to bring claims under the equal protection clause, and that both the District Court and the Third Circuit rejected the judge's arguments.
As she reads it, the Third Circuit affirmed that government officials who engage in sexual harassment or create a sexually hostile work environment are not entitled to qualified immunity. Crystal says any attorney can use that wording as case law in a similar case. Jeremy says he is surprised that was not already the case.
This post reports what Crystal says the court decided. It is not legal advice, and her case details are worth checking against the court record.
ᚦWhy she stayed silent about what happened at work
Crystal worked as a probation and parole officer in Pennsylvania and says she loved the job. She describes the judge she worked under as controlling, and says he told staff they were at-will employees who could be fired for anything. For years she did not think she could report him and expected no one would believe her.
She also feared what it would do to her two children. Jeremy points out that the shame belongs to the person who caused the harm, not to the person who stayed quiet, and that her children also saw a parent who stood up.
Everything changed when a woman from another department, who had found harassment in her own agency, told her about the EEOC. Crystal says she filed a complaint, hired an attorney, and that without that conversation she would likely have kept quiet.
ᚨRetaliation after filing, and how she coped
Crystal says that after she filed, coworkers nitpicked her work, gave her dirty looks and ostracized her. She describes a small, tight-knit courthouse where people feared those higher up. To get through it, she kept her door closed and mostly stuck to herself.
She says her doctor eventually told her she had to leave because of her health, and she resigned. Looking back, she calls leaving a relief. She says she still lives with PTSD and anxiety and continues therapy, and that speaking on her podcast, Voice for Victims, helps her turn a negative into a positive.
If you are carrying something you have never spoken about and want support, Jeremy offers individual therapy for people who want a safe place to begin.
ᚱHow to document workplace harassment and know your rights
Crystal's first piece of advice is to journal. She kept handwritten notes with dates, and sometimes times, whenever something happened, and she saved emails and text messages. She says that record helped her attorney, and she is glad she did not throw it away.
Her second is to research your rights and file with the EEOC. She also recommends talking with an attorney and says, from her experience, that a first consultation is often free. Crystal adds that she believes that when a workplace tends to sweep problems under the rug, filing a lawsuit may be the only route to justice.
She also says to watch for controlling behavior and favoritism, and that if things are being done off the books it may be a sign to look at other options. She describes coworkers who felt pressured to buy from supervisors and to host sales parties, and Jeremy calls that a highly coercive environment.
ᚲReforms Crystal wants to see
Crystal says judges facing allegations like these should be removed from the bench right away. She believes the judicial conduct board should be stricter and that new legislation is needed.
She wants more survivors to come forward, and she hopes her platform leads to new laws. Even if she reaches a handful of people, she says, she feels she is doing her job.
Jeremy, who is a licensed therapist, closes by thanking her for her courage and by telling listeners that there is life on the other side of shame and isolation. People who want that kind of conversation can join the Mindful Mutiny community, called Thriving Spirits, which offers live Fireside Chats and a course library.
ᚷCrystal's advice to anyone going through it now
Crystal tells listeners that they have one body, one mind and one life. If something is happening, she says, face the fear, talk to someone you trust, and see an attorney if that is not enough. She wishes she had stood up sooner and believes it would have spared her some of the health problems she lives with.
Her bottom line is to take care of yourself first. If you are not sure what kind of support fits you, Jeremy offers a straight read on whether his therapy and retreat work is a fit.
This episode discusses workplace sexual abuse and may be difficult to hear. It is for education only and is not legal or medical advice. If you are struggling, please reach out to a licensed mental health professional or your local emergency services.
ᚨ Questions people ask
What is qualified immunity?
Jeremy describes it as a legal protection some officials have, so that many things done in the course of their work cannot be pursued against them as individuals. He notes that a professional can lose it in specific situations, and that judges have it too.
What did the court decide about qualified immunity in Crystal's case?
Crystal says the judge appealed and that three circuit court judges rejected his claim. She reads her attorney's statement that the Third Circuit affirmed government officials who engage in sexual harassment or create a hostile work environment are not entitled to qualified immunity.
What is the EEOC?
Crystal did not know about the EEOC until a colleague told her. She filed a complaint with it and then hired an attorney, and she urges others to research their rights and consider doing the same.
Why do people wait years to speak up about harassment at work?
Crystal says people fear losing their jobs, fear what others will say and fear they will not be believed. She adds that she also worried about her two children, and that many people just try to survive until later in life.
How can you document problems at work?
Crystal kept a dated, handwritten journal and saved emails and text messages. She says this gave her attorney something concrete to review and that you never know when you will need it.