Federal judiciary must 'establish robust systems' to handle workplace abuse, study finds
“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,” Rep. Norma Torres said. (Photo by Anna Rose Layden/Getty Images)
Federal courts have failed to consistently address workplace misconduct or adequately collect and analyze data about these cases, according to a new study conducted by the Federal Judicial Center and National Academy of Public Administration.
U.S. Rep. Norma Torres, a California Democrat who has pushed for greater protections for judicial employees, commissioned the study last year to evaluate the judiciary’s systems for preventing and managing workplace sexual assault, harassment and misconduct. The resulting nearly 200-page report includes about three dozen recommendations to address what Torres calls “startling findings.”
“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,” Torres said when releasing the report on Wednesday. “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.”
NPR, Reuters, Bloomberg Law and Courthouse News Service have coverage.
Investigators for the study interviewed a variety of judiciary employees, including judges and circuit directors of workplace relations, and focused on assessing how courts have implemented employment dispute resolution plans; how resolution processes are working; the nature of educational and outreach efforts; and whether public-facing judiciary websites provide workplace conduct information.
Some of the report’s primary findings:
• No entity in the judiciary is tasked with oversight of systems to prevent or resolve misconduct.
• Because law clerks remain hesitant to raise concerns about abuse in the workplace, the judiciary should address underlying structural issues that lead to power imbalances between judges and clerks.
• There is no national requirement for judiciary employees to attend training on workplace issues.
In his 2017 year-end report, U.S. Supreme Court Chief Justice John Roberts Jr. called for the federal judiciary to establish a safe workplace for its employees. This led to the Judicial Conference of the United States’ adoption of new ethics rules in 2019 that made clear that sexual harassment is banned, and that judges and their employees have a reporting obligation when such conduct happens.
Lawmakers have since ordered a federal audit of the judiciary’s systems, but according to Courthouse News Service, their report has not been released.
Among its recommendations, the new report suggests making financial damages available to encourage more employees to voice concerns about workplace misconduct. It also says the judiciary should consider publishing information about decisions in employee dispute cases to build confidence within its own workforce and with the public.
“Oversight and transparency are hugely important in strengthening workplace safety and this report gives the Judiciary a roadmap to put both into practice,” National Academy of Public Administration President and CEO Terry Gerton said in a statement on Wednesday.
