Federal Judiciary Recognizes Civility And Respect In Its Workplace

Now Maybe They'll Expect This From Other Employers?

The federal judiciary routinely hears (and routinely dismisses) lawsuits filed by workers who have suffered soul crushing disrespect, humiliation and abuse in the workplace.

This is one reason why the recommendations of The Federal Judiciary Workplace Conduct Group matter.

The group this week re-committed to promoting an “exemplary workplace” for the 30,000 employees of the federal court system “through engaged leadership and more expansive education in the areas of civility, respect and communication.”

Historically, federal judges went from elite colleges and law schools to high-paid jobs in private law firms representing employers to the judiciary. There, they are exempt from federal discrimination laws. And they have lifetime tenure and can’t be forced to retire.

The federal judiciary’s workplace was the antithesis of democratic. Federal judges were kings in their chambers, and many young law clerks were treated like serfs or worse.

After several high profile cases where staff complained of sexual harassment and workplace bullying by federal judges, U.S. Supreme Court Chief Justice John G. Roberts, Jr., in 2018 appointed the workplace conduct group to improve the environment in which federal employees work.

If federal judges must treat their workers with dignity and respect, perhaps they will expect this of other employers?

The judiciary already has adopted a raft of changes recommended by the working group, including establishing an Office of Judicial Integrity, training programs for judges and court staff, and employee focus groups.

The group has adopted a standard designed to protect staff from “abusive conduct,” which is defined as “a pattern of demonstrably egregious and hostile conduct not based on a Protected Category that unreasonably interferes with an employee’s work and creates an abusive working environment.”

New Recommendations

In its new 32-page report, the working group states that earlier efforts are “proving effective” and enhance the chances of “early reporting, meaningful interventions, and long term prevention of abusive conduct. Judiciary employees now have access to direct assistance, clear and immediate recourse, and effective remedies.”

Here are some of the group’s new recommendations:

• An in-depth nationwide climate survey of judiciary employees at regular intervals.

• Require complaints to be reviewed by judges outside the court where the complaint originates;

• Additional monetary penalties comparable to those available to other federal employees.

• Data collection with respect to complaints resolved by “Informal Advice.”

• Develop a policy governing romantic relationships between employees with supervisors.

When all is said and done, however, one important thing hasn’t changed.

Federal judges are still technically exempt from obeying civil rights laws, including Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, sex, religion, color and national origin. So federal employees have less protection than most other workers in the private sector.