Hirono, Murkowski Introduce Bipartisan Legislation to Hold Judiciary Accountable for Workplace Misconduct

WASHINGTON, DC – Today, U.S. Senators Mazie K. Hirono (D-HI), a member of the Senate Judiciary Committee, and Lisa Murkowski (R-AK) introduced the bicameral, bipartisan Judiciary Accountability Act of 2024 (JAA). The legislation would ensure the more than 30,000 employees of the federal judiciary have strong statutory rights and protections against discrimination, sexual harassment, retaliation, and other forms of workplace misconduct and will guide further conversations with stakeholders and experts about a legislative solution to protect the rights of judiciary employees. U.S. Representatives Hank Johnson (D-GA), Jerrold Nadler (D-NY), and Norma Torres (D-CA) introduced a House companion bill.

“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,” said Senator Hirono. “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. The Judiciary Accountability Act will help to protect the 30,000 federal judiciary employees by extending basic anti-discrimination protections to cover them, giving them access to federal court to vindicate those rights, and helping to ensure more accountability in the federal courts.”

“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,” said Senator Murkowski. “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 Senator Hirono to cultivate transparency and a positive working environment within the judicial branch.”

The foundational federal civil rights statutes—such as Title VII of the Civil Rights Act of 1964—generally do not apply to the federal judiciary, making it one of the only employers in the entire country–public or private–whose employees are not protected by federal civil rights laws that prohibit discrimination and retaliation. The federal judiciary has faced sustained criticism for its approach to preventing, investigating, and remedying sexual harassment and discrimination by judges and others in the judicial branch.

This year, back-to-back reports were released—one from the from the U.S. Government Accountability Office, the other from the Federal Judicial Center and National Academy of Public Administration—underscoring that although the Judiciary has taken steps to implement an internal dispute resolution process, that process can be disjointed and confusing. Moreover, no part of that process provides judiciary employees a path to vindicate their rights in court.

The Judiciary Accountability Act will:

• Give judicial branch employees the same anti-discrimination rights and remedies private sector and government employees have had for decades. Today, most judicial branch employees are not protected by the federal civil rights statutes that prohibit discrimination based on race, color, religion, sex (including sexual orientation and gender identity), national origin, age, and disability. The Judiciary Accountability Act would correct that injustice.

• Protect judicial branch employees from retaliation against them by providing them with the right to sue for relief if they are retaliated against. Unlike other federal employees, most judicial branch employees currently have no statutory protection against retaliation. At a House Judiciary Committee hearing in 2020, multiple witnesses testified that they and others were afraid to come forward about the sexual harassment they suffered or witnessed.

• Establish a comprehensive workplace misconduct prevention program overseen by an improved and 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.

• Require regular assessments of workplace culture to determine the effectiveness of judicial branch policies designed to prevent and remedy harassment and discrimination.

• Make clear 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 pass away.

The full text of the legislation is available here.

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