The first federal workplace report released on Wednesday shows that between 2021-2023, federal court employees reported more than 100 complaints of abusive behavior.
The report was released to address concerns regarding the way in which the judiciary deals with workplace harassment. It defines abusive conduct as a “pattern of demonstrably egregious, hostile” behavior, that interferes or creates a hostile environment.
The document outlines the steps taken by the federal courts system since 2018 to give employees a way to address workplace concerns and report them, including the hiring of individuals who can offer confidential advice about workers’ options.
Since Judge Alex Kozinski of U.S. Court of Appeals 9th Circuit, California, retired in 2017, amid allegations of sexual harassment in the workplace.
But Chief Justice John G. Roberts Jr. and others, who oversee the nation’s Federal Courts, have strongly rejected calls from advocates and Members of Congress who have supported legislation that would impose independent supervision on the courts and provide anti-discrimination to the judiciary employees.
Critics say that the problems persist, citing a judge who resigned from his Alaskan bench this summer after an investigation revealed that he had engaged in sexual misconduct towards his employees.
The report, released on Wednesday, details 105 accusations of abusive conduct. It also includes 89 allegations that whistleblowers were subjected to retaliation after reporting misconduct. The report also contains scores of allegations of misconduct including discrimination on the basis of race, gender, nationality, age, religion, and disability. A single misconduct allegation is often reported under multiple categories.
The report states that 178 cases were filed between fiscal years 2021-2023 in the employee dispute resolution system of the federal judiciary. As of September 30, 2023, the end of fiscal year, 178 cases were filed.
The 9th Circuit Judicial Council found that U.S. district judge Joshua M. Kindred of Alaska had violated both the Judicial Conduct and Disability Act and Code of Conduct for United States judges. He resigned from his position after the council concluded that he was in violation of the Code of Conduct and Judicial Conduct Act. The Judicial Conference – the U.S. courts’ policy-making body – was notified of the case by the council. In September, Congress was asked to consider impeaching Kindred.
Unnamed former law clerk filed the complaint when she was working for the U.S. Attorney’s Office in Alaska (part of the Justice Department). She filed complaints at the Equal Employment Opportunity Commission, as well as with the Office of Special Counsel (an independent investigative agency), accusing them of retaliation by not appointing her to a permanent job.
The Office of Special Counsel (OSC) announced on Wednesday that its investigation was closed after a settlement between the Justice Department and the former law clerk.
Judge Robert J. Conrad Jr. of the Administrative Office of the U.S. Courts cited the numerous investigations by the courts into Kindred’s behavior — and the recommendation of the judicial council to resign — “as a robust example of our judicial structure.”
Conrad, a reporter, told reporters that while allegations of wrongdoing are rare, “we will be serious in our response.”
The report also details how the federal courts have encouraged their 30,000 employees who may have misconduct complaints to speak up. It says that the judiciary has increased its efforts to educate and train judges about workplace conduct. They are also encouraged to take action when they receive concerns from employees.
Conrad responded to lawmakers and court transparency activists who said the system had done little in addressing misconduct since Kozinski resigned under pressure. He told reporters that it takes time to implement change, but recent efforts have begun to bear fruit.
“This isn’t the systemic failure some critics trapped in a time warp of six years have used to characterize the judiciary’s efforts. Conrad stated that it is more like a sustained systemic progress. There is a sense that the criticism has been stuck in 2018, and ignores the very concrete, real steps taken by the judiciary over the past six years.
Senate Majority Leader Dick Durbin, D-Illinois, chairman of the Judiciary Committee welcomed the report, but said that more action was needed. He suggested releasing the results of a large-scale questionnaire sent to court employees in early 2013 about workplace issues.
Durbin stated in a press release that “Impeding or stalling robust reforms would be a disservice for the judiciary employees.”
Conrad told reporters the results of the national survey of workplaces would remain confidential, but a working group will release recommendations based upon the findings “in the first quarter of 2025.”
Rep. Norma J. Torres, D-California, who worked with Rep. Hank Johnson D-Georgia in the House on sexual harassment and workplace abuse concerns in the judiciary said that she was disappointed by Conrad’s denial of systemic problems.
In a press release, she stated that “sexual assault and harassment is a pervasive issue which requires urgent and substantive action. Not rhetoric.”
Johnson released a statement in which he called on courts to extend protections against discrimination to their employees. His statement stated that “this report shows progress in strengthening the judiciary’s internal processes to protect workplaces.” These small steps are not sufficient. “Judicial employees deserve equal protection of the law.”
Source: https://www.washingtonpost.com/national-security/2024/11/20/federal-courts-workplace-misconduct/

Source: https://www.washingtonpost.com/national-security/2024/11/20/federal-courts-workplace-misconduct/