The study also called for increased transparency on how courts handle employee complaints
A congressionally directed study has proposed that the federal judiciary should award monetary damages to employees who are victims of workplace misconduct by judges, Reuters reported.
The study also called for increased transparency regarding how courts handle worker complaints internally. The report included 34 recommendations aimed at reforming the current systems for addressing complaints of sexual harassment, discrimination, and other forms of misconduct within the judiciary.
The report, prepared by the Federal Judicial Center and the National Academy of Public Administration, highlighted inconsistencies in how federal courts nationwide address workplace complaints. It pointed out the lack of a comprehensive system for collecting and analyzing data on these cases. It noted that about a quarter of courts' websites fail to provide the required information on how employment disputes are handled.
Representative Norma Torres, a California Democrat who played a key role in authorizing the study through a 2023 appropriations bill, released the report. "The report reveals startling findings, emphasizing the absolute need for internal reforms," Torres said in a statement.
In response, the Administrative Office of the US Courts affirmed its commitment to fostering an exemplary workplace. A spokesperson mentioned that a working group is assessing ways to build on recent reforms.
The report's release coincides with the resignation of federal judge Joshua Kindred of Alaska following an investigation by the 9th Circuit Judicial Council. The investigation found that judge Kindred had created a hostile work environment for his law clerks and fostered an inappropriate sexualized relationship with one of them.
The federal judiciary has been under scrutiny for handling misconduct complaints, particularly following the #MeToo movement in 2017. This scrutiny led to the resignation of prominent judges like Alex Kozinski from the 9th US Circuit Court of Appeals after allegations of harassment. In response to these issues, US Supreme Court chief justice John Roberts directed the creation of a working group to examine and implement reforms.
Although several recommendations from the working group have been adopted, including changes to internal systems and explicit prohibitions on abusive conduct, the new report emphasizes the need for further reforms. One significant finding is that, unlike other federal employees, judicial employees are not covered by federal anti-discrimination laws such as Title VII of the Civil Rights Act and generally cannot sue in court. This inability to seek monetary damages may have deterred some employees from pursuing complaints.
Additionally, judicial employees must pay for their legal representation if they wish to be represented by lawyers, as they cannot hire attorneys on a contingency fee basis. The report suggested that the judiciary should consider changing this practice and adopt new guidelines for publicly releasing redacted decisions in such cases, which are rarely made public.
