We seek candidates who are trustworthy and reliable to work for or on behalf of the federal judiciary.
About Employment Suitability
Employment suitability is a key component of the onboarding process by which a candidate or employee, based on their position sensitivity level, is evaluated on their suitability for a job based on their identifiable character traits and conduct. Employment suitability is different from job qualifications.
This program helps determine if candidates are trustworthy and reliable to work for or on behalf of the federal Judiciary. Employment suitability applies to judiciary employees, contractors, and volunteers/interns.
The employment suitability process ensures the integrity of the Judiciary workforce, public safety, and public trust.
Learn more about Position Sensitivity and Clearances.
Background Checks
All Judiciary employees, interns, externs, volunteers, and contractors must complete a background check. This process includes being fingerprinted and having your fingerprints crosschecked against Federal Bureau of Investigation (FBI) databases. Each candidate must complete the Standard Form SF-87 and review and sign the FBI Privacy Act Statement and Acknowledgment Form to complete your background check.
Background Investigations
Candidates for moderate-, high-, or select high-risk positions and law enforcement officers must complete a background investigation. This investigation is conducted by the Defense Counterintelligence Security Agency (DCSA) and includes questions about:
- where you’ve lived
- where you’ve worked
- where you went to school
- your military history
- any criminal record
Depending on the level of background investigation and the sensitivity level of the position you applied to, you may also be asked to fill out:
- Standard Form 86: Questionnaire for National Security Positions
- Standard Form 85P: Questionnaire for Public Trust Positions
- An IRS Tax Check form
There are five levels of background investigations, each with progressively more complex requirements. Background investigations are only applicable to certain positions and may include interviews to gather further detail on your overall suitability for employment. The depth and detail of the background investigation depends on the position you applied to. Most Judiciary employees must undergo periodic reinvestigation.
Medical Examinations
Only law enforcement officers must complete pre-employment medical examinations as part of the employment suitability process. The examination assesses a candidate’s physical health, mental health, vision, and hearing. The Federal Occupational Health Law Enforcement Medical Program conducts the medical examination and determines if candidates are medically qualified.
Officers and officer assistants encounter physical dangers and mental and physical stress. Their jobs can be physically taxing and include prolonged periods of walking or standing, physical dexterity and coordination, and self-defense tactics. Candidates for law enforcement positions should have documentation of past injuries, medical conditions, prescription drugs, and prescriptions for glasses or contacts for their pre-employment medical exams.
Drug Testing
Law enforcement officer candidates are also subject to pre-employment drug testing. Drug testing is conducted by the Department of the Interior and detects the presence of illegal substances or the misuse of prescription drugs in a person’s system.
Drug testing ensures a safe, productive, and drug-free workplace. It helps prevent the hiring of individuals who may be impaired or whose substance use could pose a risk to themselves, their colleagues, or the public. Regardless of state laws, marijuana is a prohibited substance under federal law and will be included in the drug test.
Law enforcement officers are also subject to random drug testing, voluntary drug testing, and testing under reasonable suspicion of drug use after they are hired.
IRS Tax Checks
In addition to background investigations, executives as well as bankruptcy and magistrate judges must complete a tax check by the Internal Revenue Service (IRS) that covers the last three tax years. IRS tax checks involve reviewing a candidate’s tax compliance history. This process typically includes verifying that the individual has filed required tax returns and does not have significant outstanding tax debts. IRS tax checks promote financial integrity and responsibility among Judiciary employees.