Workplace Conduct Resources: Processes

Processes for Addressing Workplace Conduct Concerns

The federal judiciary offers multiple processes for employees to report and address workplace conduct concerns:

Seek Informal Advice

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    “An Employee may contact an EDR Coordinator, Circuit Director of Workplace Relations, or the national Office of Judicial Integrity for confidential advice and guidance . . .” Model Employee Dispute Resolution Plan, § IV.C.1.

    Use this Process if . . .

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    • You want to make a confidential inquiry to a Director of Workplace Relations, the Office of Judicial Integrity, or an Employment Dispute Resolution Coordinator
    • You want to learn about all of your options based on the situation
    • You want to ask questions about all possible concerns before disclosing any information
    • You want no formal action to be taken or are unsure what options you wish to pursue, if any

     

    Note: If you disclose information about a threat to someone’s safety or security or to the integrity of the Judiciary, some limited disclosure may be required. See Model Employee Dispute Resolution Plan, § IV.B.1.

    Read the full Model Employee Dispute Resolution Plan

Report Concerns About Workplace Conduct

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    “The Judiciary encourages early reporting and action on wrongful conduct. Employees who experience, observe, or learn of reliable evidence of sexual, racial, or other discriminatory harassment or abusive conduct are strongly encouraged to take appropriate action, including reporting it to a[n] . . . Employment Dispute Resolution (“EDR”) Coordinator, . . . Circuit Director of Workplace Relations, or to the national Office of Judicial Integrity. . . . Court and chambers’ confidentiality requirements do not prevent any Employee—including law clerks—from revealing or reporting wrongful conduct by any person. Model Employee Dispute Resolution Plan, § III.

    Use this Process if . . .

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    You believe you or someone else has experienced wrongful conduct under the Employment Dispute Resolution Plan, or misconduct by a judge, and you want to make a confidential report.

    Note: 
    Reporter has control of where they report, including to Director of Workplace Relations or the Office of Judicial Integrity
    Reporter has control of what they disclose and in what level of detail
    • Report may or may not disclose the alleged victim
    • Report may or may not disclose the alleged bad actor
    • Report may or may not disclose all details of the conduct
    Reporter may request (but not control) what action they want to be taken
    Employees may report anonymously to the Office of Judicial Integrity

    Read the full Model Employee Dispute Resolution Plan

File a Request for Assisted Resolution under the Employee Dispute Resolution Plan

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    “Assisted Resolution is an interactive, flexible process that may include: discussing the matter with the person whose behavior is of concern; conducting a preliminary investigation, including interviewing persons alleged to have violated rights under this Plan and witnesses to the conduct; engaging in voluntary mediation between the persons involved; and/or resolving the matter by agreement.” Model Employee Dispute Resolution Plan, § IV.C.2.

    Use this Process if ...

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    You believe you have experienced wrongful conduct and you want to work with the court to determine a resolution to the issue

    Note: Necessary information will be shared with those whose involvement is necessary to address the situation. See Model Employee Dispute Resolution Plan, § IV.B.1.

    Read the full Model Employee Dispute Resolution Plan

File a Formal Complaint under the Employee Dispute Resolution Plan

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    “An Employee may file a Formal Complaint . . . with any of the Court’s EDR Coordinators to address a claim of wrongful conduct.” Model Employee Dispute Resolution Plan, § IV.C.3.

    Use this Process if ...

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    You believe you have experienced wrongful workplace conduct and you want a federal judge to oversee and adjudicate a Complaint of wrongful conduct (including ordering remedies if the judge finds a violation of the Employment Dispute Resolution Plan)

    Note: Necessary information will be shared with those whose involvement is necessary to address the situation. See Model Employee Dispute Resolution Plan, § IV.B.1.

    Read the full Model Employee Dispute Resolution Plan

File a Complaint under the Judicial-Conduct & Judicial-Disability Rules

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    A complainant may file a complaint alleging a federal judge’s misconduct or disability for consideration by the Chief Circuit Judge. See Judicial-Conduct & Judicial-Disability Rules 6; 7; 11.

    Use this Process if ...

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    You believe a judge has committed misconduct or has a disability and you want it addressed

    Note: Necessary information will be shared with those who need to know, including the subject judge. See Judicial-Conduct & Judicial-Disability Rules 8(b); 15; 23.

    Read the Judicial-Conduct & Judicial-Disability Rules