September 25, 2024

Congresswoman Norma Torres Co-leads Reintroduction of Bicameral Legislation Holding Judiciary Accountable to Its Employees

WASHINGTON, D.C. – Today, Rep. Norma Torres (CA-35), senior member of the Appropriations Committee and member of the Financial Services and General Government Subcommittee that oversees the Federal Judiciary alongside Rep. Hank Johnson (GA-04), ranking member of the Judiciary Subcommittee on Courts, Intellectual Property and the Internet, in concert with Judiciary Committee Ranking Member Rep. Jerrold Nadler (NY-12),  and Sen. Mazie Hirono (HI), a senior member of the Senate Judiciary Committee and Sen. Lisa Murkowski (AK) – reintroduced the Judiciary Accountability Act of 2024 (JAA).

The JAA would ensure the more than 30,000 employees of the federal judiciary have strong statutory rights and protections against discrimination, sexual harassment, retaliation, and other forms of workplace misconduct.

The foundational federal anti-discrimination statutes — such as Title VII of the Civil Rights Act of 1964 — still do not apply to the federal judiciary, making it one of the only employers in the entire country – public or private – whose employees are not protected by federal civil rights laws that prohibit discrimination and retaliation. The federal judiciary has faced sustained criticism for its approach to preventing, investigating, and redressing sexual harassment and discrimination by judges and other high-level judicial branch officials. This summer, back-to-back reports were released — one from the U.S. Government Accountability Office, the other from the Federal Judicial Center and National Academy of Public Administration — underscoring that the internal dispute resolution mechanisms implemented by the judiciary to combat these issues have instead led to a lack of accountability for judges who mistreat employees.

“The Judiciary Accountability Act is a significant step towards ensuring the safety and rights of judiciary employees. It is crucial that judiciary employees feel secure in expressing concerns about misconduct without fearing for their safety or job security. All Judiciary members are entitled to fundamental workplace rights that safeguard them from harassment and discrimination," said Rep. Norma Torres. “The era of judges abusing their power and instilling fear in the work environment is over. That is why I am honored to co-lead the Judiciary Accountability Act alongside ranking member of the Judiciary Subcommittee on Courts, Rep. Johnson. We are deeply committed to providing protections backed up by the full force of United States law for employees who come forward after experiencing sexual harassment. Our federal Judiciary must set an example of accountability in addressing sexual harassment, and the provisions outlined in this bill will help achieve that goal.”

“It is the height of injustice that judiciary employees who support the daily functioning of our courts lack basic workplace protections," said Rep. Hank Johnson, Ranking Member of the Judiciary Subcommittee on Courts. “These protections are already provided to congressional and executive branch staff. Why should we continue to exempt our third branch of government? In the face of clear, repeated evidence of unaccountable judges committing egregious misconduct, Congress has the power and the duty to fix it and ensure judicial employees who use their voices and bravely sharing their experiences do not do so in vain. I’m pleased to lead the re-introduction of the Judiciary Accountability Act, which is common-sense legislation that would align the federal judiciary with not just the rest of the federal government but with private sector workplaces as well.”

“It is unconscionable that over 60 years after the signing of the Civil Rights Act of 1964, employees of the federal judiciary are not protected from workplace discrimination,” said Ranking Member Jerrold Nadler. “The lack of protections undermines credibility in the court, which is why I'm proud to reintroduce the Judiciary Accountability Act, to bring the same basic rights available to congressional and executive branch staff to the judicial branch.”

“No one is above the law, but most federal judiciary employees lack essential workplace protections, preventing them from obtaining justice when they face discrimination and harassment,” said Senator Hirono. “Employees of the federal judiciary dedicate their careers to providing justice, and they deserve justice when they face misconduct in the workplace. Yet these employees are among the only ones in the United States who lack the right to sue when they face discrimination or harassment. The Judiciary Accountability Act will help to protect the 30,000 federal judiciary employees by extending basic anti-discrimination protections to cover them, giving them access to federal court to vindicate those rights, and helping to ensure more accountability in the federal courts.”

“The Judiciary Accountability Act expands federal laws that prohibit workplace harassment and discrimination to employees of the judiciary, putting them on par with executive branch, congressional, and private sector employees who have long-had these protections,” said Senator Murkowski. “This legislation not only helps safeguard employees from mistreatment at work, but also establishes a review system to foster accountability when those rights are violated. I appreciate the opportunity to lead this bipartisan legislation with Senator Hirono to cultivate transparency and a positive working environment within the judicial branch.”

Cosponsors: Reps. Madeleine Dean (PA), Bonnie Watson Coleman (NJ), Rashida Tlaib (MI), Adam Schiff (CA), Eleanor Holmes Norton (DC)

Full bill text 

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