Congresswoman Torres Releases Report on Systemic Failures to Prevent Workplace Sexual Assault, Harassment, and Misconduct in the Federal Judiciary
Washington D.C. –– Today, Congresswoman Norma J. Torres (CA-35), a senior member of the House Appropriations Committee, released a joint study by the National Academy of Public Administration and the Federal Judicial Center. The study as directed by Congresswoman Torres and funded by the Consolidated Appropriations Act of 2023, is an unprecedented joint report by the Federal Judicial Center (FJC) and the National Academy of Public Administration (NAPA) assessing the Judiciary’s internal systems to prevent and manage workplace sexual assault, harassment, and misconduct.
“No American should suffer sexual misconduct, abuse, or harassment while on the job, yet it continues even in the halls of our judicial system where decisions about every aspect of our lives are made,” said Congresswoman Norma Torres, “the era of judges abusing their power and taking comfort in an environment that rewards silence and fear are over.”
“It is disheartening to hear about incidents of sexual assault and harassment involving judicial employees who lack trustworthy and safe avenues to report and navigate these horrifying and traumatic encounters. The federal Judiciary must urgently establish robust systems to handle sexual harassment claims, because clearly its longstanding reliance on the good character and conduct of individuals alone has been grossly insufficient.”
“ In light of the disturbing lack of transparency into these matters, in November 2020, I requested a federal audit by the Government Accountability Office (GAO) of the Judiciary’s internal systems related to handling sexual harassment. Regrettably, the Administrative Office of the Courts adamantly refused to fully cooperate with the GAO audit and throughout the two-year study, only allowed GAO to speak with one current employee of the Judiciary to gain an employee perspective on how policies are working on the ground.”
“Delay tactics and the efforts to constrain the scope and access of GAO auditors to information and employees of the courts is outrageous. That's why I called for further investigation – a collaborative study involving the National Academy of Public Administration and the Federal Judicial Center. Today, I am pleased to share the results of their analysis. The report reveals startling findings, emphasizing the absolute need for internal reforms. We have waited on the Judiciary to prove it is capable of protecting its employees, and sadly it has failed to do so. Congress will be forced to step in.”
“I am dedicated to taking all necessary measures to safeguard the well-being of employees of the Judiciary – including wielding Congress’s power of the purse. To those in the Judiciary who have witnessed or experienced misconduct and are looking for help, want to share their story, or others who are committed to reforms, we see you and are here to help.”
“I recently established an official intake form for reporting workplace harassment, assault, and misconduct within the federal Judiciary on my website and I encourage employees and judges within the Judiciary to come forward and share their experiences with Congress and the public.
“The Judiciary must be held to the highest standards of integrity and ethical conduct, and it will take all of us to bring light and transparency into the Judiciary.”
“This report highlights many achievable recommendations to improve workplace safety across the Federal Judiciary. There are key opportunities within to implement Employee Dispute Resolution plans, improve results assessments and outreach and, crucially, report and quantify all of the results to Congress and the public,” National Academy of Public Administration President and CEO Terry Gerton said. “Oversight and transparency are hugely important in strengthening workplace safety and this report gives the Judiciary a roadmap to put both into practice.”
Background: Investigators interviewed a wide variety of employees from judges to Circuit Directors of Workplace Relations. The four main tasks this report assesses are the Implementation of the Model Employment Dispute Resolution (EDR) Plans, Monitoring and Assessing How the Resolution Processes Are Working, Educational and Outreach Efforts Related to Workplace Issues, and Evaluation of Public-Facing Judiciary Websites. Some of the findings include:
- No one entity in the Judiciary is tasked with overseeing the systems that prevent or confront misconduct. No one is tasked with monitoring or evaluating the implementation of the Informal Advice process or the formal employee dispute resolution (EDR) process with the exception of the appeals process, which the vast majority of victims never reach. No one is tasked with overseeing how cases are investigated, preventative training, and other preventative measures
- The Judiciary requires each court to have a plan to address employment disputes (EDR plan) and to post relevant information on its websites so that employees know their rights. Only 26% of public judiciary websites fulfill all the requirements of inclusion of workplace misconduct information. 11% of websites have NO workplace conduct information.
- The Law Clerk -Judge relationship is especially perilous, and the Judiciary should address underlying structural issues that create power imbalances.
- There is no national requirement for employees or judges to attend trainings or any preventative educational measures.
The full text of the report can be found here.
The report summary is available here.
Workplace Harassment, Assault, and Misconduct in the Federal Judiciary: Whistleblower Online Intake Form
- In 2020, together with then Chair Johnson and Rep. Speier, Rep. Torres requested a federal audit of the Judiciary’s systems to prevent workplace misconduct by the Government Accountability Office (GAO).
- GAO began the investigation in January 2022 and no report has been made public.
- FY23 and FY24 appropriations directed the Judiciary to provide all necessary information requested by GAO.
- In 2021, Rep. Torres directed the Administrative Office (AO) to conduct the first ever national climate survey for the Judiciary to assess its workplace environment (secured through FY22 appropriations legislation).
- The survey was completed in early 2023. Rep. Torres sent a letter to the Director of the AO this year requesting the Judiciary share the results of its survey. However, the results have not been made public.
- In 2022 Rep. Torres added provisions to FY23 appropriations legislation that authorized the Federal Judicial Center and the National Academy of Public Administration to conduct a joint research project to evaluate workplace practices across the Judiciary.
Rejecting Reforms & Urgent Changes Needed
- In FY25 appropriations legislation, Congresswoman Torres sets expectations about how the Judiciary must reform and work to improve its systems to prevent sexual harassment and workplace abuse. This report language holds the Judiciary accountable to reveal available data and why they have failed to implement needed reforms to prevent sexual assault, harassment, and abuse in workplaces. Simultaneously, the report language pushes the Judiciary to make several necessary improvements including adding additional monetary remedies into the employee complaint process and providing legal counsel to employees who have been victims of harassment.
- July 2024, the results of the NAPA-FJC report are released. The report details systemic failures of the Judiciary to precent workplace sexual assault, harassment, and misconduct, including 34 recommendations for reform.
- July 2024, the AO’s refusal to fully cooperate with the GAO audit becomes public. Throughout the two-year study, the AO only allowed GAO to speak with one current employee of the Judiciary to gain an employee perspective on how policies are working on the ground.
- Congresswoman Torres continues to co-lead the Judiciary Accountability Act, to extend legal protections to the employees of the Judiciary and protect whistleblowers from retaliation.
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