WASHINGTON — The federal judiciary is one of the few institutions in the country to which civil rights statutes such as the Civil Rights Act of 1964 or Title VII do not apply.
Last week, U.S. Sens. Mazie Hirono, D-Hawaii, and Lisa Murkowski, R-Alaska, aimed to change that by introducing new legislation that would extend protections against discrimination, sexual harassment, retaliation and other forms of workplace misconduct to federal judiciary employees.
The lawmakers said the Judiciary Accountability Act of 2024 would provide basic anti-discrimination protections to the over 30,000 federal judiciary employees and allow them to pursue legal action in federal courts.
“No one is above the law, but most federal judiciary employees lack essential workplace protections, preventing them from obtaining justice when they face discrimination and harassment,” Hirono said. “Employees of the federal judiciary dedicate their careers to providing justice, and they deserve justice when they face misconduct in the workplace. Yet these employees are among the only ones in the United States who lack the right to sue when they face discrimination or harassment.”
Companion legislation was introduced in the House by Reps. Hank Johnson, D-Ga., Jerrold Nadler, D-N.Y., and Norma Torres, D-Calif.
“The Judiciary Accountability Act expands federal laws that prohibit workplace harassment and discrimination to employees of the judiciary, putting them on par with executive branch, congressional and private sector employees who have long had these protections,” Murkowski said. “This legislation not only helps safeguard employees from mistreatment at work, but also establishes a review system to foster accountability when those rights are violated. I appreciate the opportunity to lead this bipartisan legislation with Sen. Hirono to cultivate transparency and a positive working environment within the judicial branch.”
The legislation follows the release earlier this year of reports from the U.S. Government Accountability Office and Federal Judicial Center and National Academy of Public Administration that found the judiciary’s efforts to implement an internal dispute resolution process “disjointed and confusing” and lacking path for employees to defend their rights in court.
In addition to granting judicial branch employees the same anti-discrimination rights and remedies available to government and private sector employees, the proposed measure would also allow judicial employees to sue for relief if they are subject to retaliation.
The measure would also establish a comprehensive workplace misconduct prevention program overseen by an expanded Office of Judicial Integrity. The office’s board of directors would include members experienced in investigating and enforcing civil rights laws against workplace discrimination, as well as experience assisting victims of discrimination, retaliation, sexual harassment and sexual assault. The office would administer a nationwide, confidential reporting system and a comprehensive training program addressing workplace behavior and bystander intervention, among other duties.
Further, the bill would require regular assessments of workplace culture to determine the effectiveness of judicial branch policies designed to prevent and remedy harassment and discrimination. In addition, it would affirm that that discrimination and retaliation constitute judicial misconduct and ensure that the judicial misconduct laws apply to all federal judges, regardless of whether they subsequently resign, retire or die.
Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.