U.S. Senators Mazie K. Hirono (D-HI) and Lisa Murkowski (R-AK) have introduced the Judiciary Accountability Act of 2024 (JAA), a bipartisan bill aimed at providing federal judiciary employees with statutory rights and protections against workplace misconduct. The legislation, which is also supported by U.S. Representatives Hank Johnson (D-GA), Jerrold Nadler (D-NY), and Norma Torres (D-CA) in the House, seeks to address discrimination, sexual harassment, retaliation, and other forms of misconduct within the federal judiciary.
Senator Hirono emphasized the need for such protections: "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." She added that these employees deserve justice when facing workplace misconduct and highlighted that they currently lack the right to sue in such cases.
Senator Murkowski pointed out that the JAA would align judiciary employees' protections with those already available to executive branch, congressional, and private sector employees. "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," she said.
Federal civil rights statutes like Title VII of the Civil Rights Act of 1964 generally do not apply to federal judiciary employees. This has led to sustained criticism regarding how the judiciary handles sexual harassment and discrimination cases involving judges and other judicial branch members.
Recent reports from the U.S. Government Accountability Office and the Federal Judicial Center with the National Academy of Public Administration highlighted issues with the current internal dispute resolution process within the judiciary. These reports indicated that while steps have been taken to implement this process, it remains disjointed and confusing without providing a clear path for employees to vindicate their rights in court.
The Judiciary Accountability Act aims to:
- Extend anti-discrimination rights and remedies available to private sector and government employees to judicial branch employees.
- Protect judicial branch employees from retaliation by granting them the right to sue for relief if retaliated against.
- Establish a comprehensive workplace misconduct prevention program overseen by an improved Office of Judicial Integrity.
- Require regular assessments of workplace culture within the judicial branch.
- Clarify that discrimination and retaliation constitute judicial misconduct applicable to all federal judges regardless of their status.
The full text of the legislation is available online.