Workplace Conduct in the Federal Judiciary
The federal Judiciary is committed to a workplace free from discrimination, sexual or other discriminatory harassment, and abusive conduct. It is also committed to ensuring that every employee has clear avenues to obtain confidential advice, report misconduct, and seek and receive remedial action.
Reporting Workplace Harassment & Other Wrongful Workplace Conduct
The Judiciary’s workplace protections and policies prohibit employment discrimination, discriminatory harassment (including sexual harassment), and retaliation among other forms of wrongful conduct. All Judiciary employees are strongly encouraged to report concerns about conduct in the Judiciary workplace as soon as it occurs. This includes any concerns about unwelcome harassment and other wrongful conduct. The goal is to address conduct as soon as possible, before it becomes severe or pervasive, so that the conduct can be corrected immediately and further inappropriate or wrongful conduct can be prevented.
Employees can report their concerns locally to trusted supervisors, judges, and office leadership, who then have obligations to take appropriate action to address the concerns. Employees can also report their concerns to one of the Judiciary’s workplace conduct resources at the national, circuit, and local level and seek confidential advice on options to address the concerns.
Avenues for Seeking Confidential Advice
Current and former Judiciary employees, and interviewed applicants for positions within the Judiciary, have multiple avenues available to them, both inside and outside of their employing court, to seek support and guidance regarding workplace conduct concerns and potential violation of the Judiciary’s workplace protections and policies. Points of contact at the national, circuit, and local court levels can all provide confidential advice and will explain the resources and options available, including how to request an assisted resolution or how to file a formal complaint against an employing office under a court's Employment Dispute Resolution Plan (EDR). Employees are free to contact whomever they feel most comfortable to seek their concerns.
When the conduct of a judge is involved, anyone – not just employees – can also file a complaint against an individual judge under the Judicial Conduct & Disability Act if the conduct at issue rises to the level of cognizable judicial misconduct as defined by the Rules for Judicial-Conduct and Judicial-Disability Proceedings.
National Office of Judicial Integrity
The national Office of Judicial Integrity (OJI) serves as an independent resource outside of the courts’ chain of command, providing confidential help, information, and referral, answering questions and providing guidance on informal and formal complaint options for addressing workplace harassment, abusive conduct, or other wrongful conduct. The office also coordinates with the directors of workplace relations in each of the U.S. Circuit Courts of Appeals.
Anyone wishing to withhold their name or other personally identifiable information in reporting information to the office can do so by simply stating that request when calling and/or by using an email account that does not include this information when emailing.
The Judicial Integrity Officer and head of the office is Michael Henry. Confidentially report by:
- Phone: 202-502-1603
- Email: AO_OJI@ao.uscourts.gov
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Mail: The Administrative Office of the U.S. Courts
Office of Judicial Integrity
One Columbus Circle, NE
Washington, DC 20544
Circuit Directors of Workplace Relations
The directors of workplace relations in each circuit offer another point of contact external to an employee’s local court, providing confidential advice and information regarding options for addressing workplace conduct concerns. The directors of workplace relations can also facilitate assisted resolutions and help employees informally address workplace conduct concerns.
Local EDR Coordinators
Every federal court and federal public defender organization has at least one person designated as an EDR Coordinator who serves as a local resource for court employees if a workplace conduct issue arises. EDR coordinators can provide confidential guidance and information regarding the EDR process and can assist employees with filing a request for assisted resolution or a formal complaint. EDR Coordinators often coordinate with the OJI and the directors of workplace relations.
Model Employment Dispute Resolution Plan (EDR)
The Model Employment Dispute Resolution Plan (EDR) was updated and approved by the Judicial Conference in Sept. 2019. It was amended to include definitions and examples of wrongful conduct, three flexible options for resolving conduct issues, flowcharts that explain EDR rights and options, and training requirements for EDR coordinators and judiciary employees. In 2021, the Judicial Conference approved a Model Federal Public Defender (FPDO) EDR Plan, which provides the same definitions of wrongful conduct and EDR options for resolution, but adds provisions specific to FPDOs and their obligation to protect their client’s interests.
Every federal court and federal public defender organization now has an EDR plan based upon one of these model plans. Anyone needing help locating the appropriate EDR plan or local EDR coordinator can contact the Office of Judicial Integrity at 202-502-1603 or by email at AO_OJI@ao.uscourts.gov.
Codes of Conduct and the Judiciary Workplace
The Judiciary's Codes of Conduct for federal judges, Judiciary employees, and federal public defender organization employees set forth the expectations of professional and ethical conduct and include provisions specific to conduct in the workplace. These codes of conduct can be found through the following links:
- Code of Conduct for U.S. Judges
- Code of Conduct for Judicial Employees
- Code of Conduct for Federal Public Defender Employees
- Other ethics resources available to the public
Training
The Office of Judicial Integrity, directors of workplace relations in each circuit, and EDR coordinators in local courts and offices also provide extensive training and education on a range of workplace conduct topics. Requests for training programs can be made easily by contacting those offices or individuals directly.
The Federal Judicial Center (FJC) also works with the courts to provide a variety of orientation and educational programs to judges, law clerks, court unit executives, and court staff.
These programs include training on management and workplace conduct.
Information for Law Clerk Applicants About Workplace Protections
The Administrative Office of the United States Courts maintains an online system for clerkship applications and review (known as OSCAR), which serves as an informational portal for applicants for federal judicial clerkships and law schools to research judges and staff attorney offices hiring practices, preferences, and timelines. OSCAR contains specific information for law clerks and applicants about workplace protections, policies to report and address concerns, and people to contact for confidential advice.
Annual Report on the Judiciary Workplace
This report provides information on the Judiciary’s policies and systems for addressing workplace conduct, as well as insights on various Judiciary-wide training and programmatic efforts related to workplace conduct, and data relating to the use of the Judiciary’s employment dispute resolution (EDR) processes.
Workplace Conduct Working Group
In March 2022, the Federal Judiciary Workplace Conduct Working Group reported on the extensive steps the Judiciary has taken since January 2018 to strengthen its workplace protections and made additional recommendations to improve policies and procedures aimed at ensuring that employees have a safe, respectful, professional work environment.
- March 2022 Report (pdf)
In June 2018, the Federal Judiciary Workplace Conduct Working Group recommended measures to improve workplace conduct policies and procedures in the federal Judiciary.
- Executive Summary (pdf)
- June 2018 Report (pdf)
- Status Report - September 2019 (pdf)