March 18, 2022

Torres Advocates for Further Federal Judiciary Workplace Conduct Reforms in Light of New Report

WASHINGTON – Congresswoman Norma Torres (CA-35) today urged the federal judiciary to take additional steps toward workplace reform after the Judiciary Workplace Conduct Working Group released a new report and recommendations to "ensure an exemplary workplace." The new recommendations include a nationwide climate survey, additional remedies for employees who experience misconduct, and that employment complaints be examined by judges from different courts than where the complaint originates. As a member of the Appropriations Committee, Congresswoman Torres has included language in federal funding bills requiring the Judiciary to complete workplace conduct reviews.

"Our nation's federal judiciary should be a model of accountability when it comes to workplace harassment, but right now, judiciary employees don't even have the same basic protections that most American workers do," said Rep. Torres. "The recommendations made by the Workplace Conduct Working Group are a step in the right direction, but don't go far enough to ensure employees are protected from sex-based harassment, discrimination, and retaliation in the workplace. This is especially poignant during Women's History Month, when we are reminded of the number of female employees who don't feel empowered to report harassment for fear of retaliation."

"The 30,000 federal judiciary employees deserve the same anti-discrimination rights that private sector and government employees have," continued Rep. Torres. "We must pass the Judiciary Accountability Act to make these reforms a reality."

The Judiciary Accountability Act, sponsored by Congresswoman Torres, would:

  • Give judicial branch employees the same anti-discrimination rights and remedies private sector and government employees have had for decades;
  • Protect whistleblowers by prohibiting retaliation against them and providing them with the right to sue for relief if they are retaliated against;
  • Establish a comprehensive workplace misconduct prevention program overseen by a newly-established Commission on Judicial Integrity;
  • An Office of Judicial Integrity to administer a nationwide, confidential reporting system;
  • A Special Counsel for Equal Employment Opportunity empowered to investigate all workplace misconduct complaints, including misconduct by judges. The Special Counsel would also regularly audit the judicial branch's misconduct programs and procedures; and report to Congress on its findings;
  • Establish an Office of Employee Advocacy to assist judicial branch employees in matters related to workplace discrimination and harassment;
  • Require the Commission on Judicial Integrity to regularly conduct assessments of workplace culture to determine the effectiveness of Judicial Branch policies designed to prevent and remedy harassment and discrimination; and
  • Make clear that discrimination and retaliation constitute judicial misconduct under federal law and ensure that this federal law applies to all federal judges and justices.

In January, the Washington Post reported that 34 out of 40 judiciary employees said they had "witnessed wrongful conduct in the workplace," after the survey question was inadvertently sent out to thousands of employees in the federal judiciary.

Click here to learn more about the Judiciary Accountability Act.

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