Discrimination was the most common issue in 161 workplace misconduct complaints
A recent Government Accountability Office (GAO) report revealed that discrimination based on race, gender, and other characteristics was the most common issue in 161 workplace misconduct complaints within the federal judiciary from 2020 to 2022.
Reuters reported that the report responds to a request by Democratic lawmakers for an examination of how the judiciary handles workplace misconduct affecting its 30,000 employees.
Senator Dick Durbin and Representative Norma Torres were among the lawmakers seeking the GAO's investigation following the resignation of Alaska judge Joshua Kindred. Kindred stepped down after an inquiry found he created a hostile work environment and engaged in an inappropriate sexualized relationship with a law clerk.
Judiciary employees are not protected by federal anti-discrimination laws such as Title VII of the Civil Rights Act of 1964. Instead, complaints are managed internally through the courts' employment dispute resolution (EDR) systems, which have been criticized for their opacity and lack of public access.
The GAO report revealed that 161 claims were filed through the EDR systems in fiscal years 2020 to 2022, with 24 involving judges. An additional 58 complaints were filed in 2023, which were not included in the analysis. The majority of these complaints were related to employment discrimination, with race being the most common focus, followed by gender, disability, and age.
The Judicial Conduct and Disability Act allows complaints about judges' misconduct. From 2020 to 2022, nine employees filed 17 such complaints, including allegations of abusive conduct and discrimination based on religion and pregnancy. While some complaints were dismissed, one led to a private reprimand, and another found a judge had created a hostile work environment.
The GAO report noted that the judiciary does not track informal reports of workplace misconduct, providing only a partial view of the issue. It recommended the judiciary begin collecting this data and align its conduct efforts with practices recommended by the Equal Employment Opportunity Commission, particularly in improving training materials used at the circuit level.
US District Judge Robert Conrad, director of the Administrative Office of the US Courts, expressed concerns that collecting data on informal reports might deter employees from reporting misconduct. However, he acknowledged the need for improvement and said the judiciary would consider the GAO's recommendations, emphasizing ongoing efforts to foster a respectful and safe workplace.
Representative Torres criticized the judiciary's restrictions on GAO auditors' access to information, which limited interviews to just two current and former employees. An Administrative Office spokesperson defended the decision, citing ongoing internal surveys and protections for complainants, but affirmed that the judiciary cooperated extensively with the GAO study through interviews with various judges, officials, and staff.
