Judiciary Releases Workplace Conduct Report and Employee Survey Results

The federal Judiciary today released the results of its first-ever employee survey exploring workplace issues, along with a new report containing recommendations for improvements aimed at achieving the Judiciary’s goal of fostering an exemplary workplace.

The survey results show that the overwhelming majority of Judiciary employees are satisfied with their workplaces. Eighty-four percent responded that they are satisfied or very satisfied with their jobs and 80 percent said they would recommend their court or employing office to others.

The survey was conducted by the Federal Judicial Center for the Workplace Conduct Working Group, a group of judges and court executives who have been working on workplace conduct issues since early 2018 at the request of the Chief Justice. It was sent to nearly 28,000 employees in 2023, and the response rate was a statistically impressive 50 percent.

The results provided a wealth of data that the Judiciary is using to gain a deeper understanding of employees’ experiences and to guide continued efforts to foster an exemplary workplace for all employees. The Working Group used the survey results as a basis for nine new recommendations in a report to the Judicial Conference of the United States, which was also released today. 

The recommendations are designed to build on the substantial steps taken over the past seven years. Most respondents who indicated experiencing wrongful conduct did not avail themselves of employment dispute resolution (EDR) procedures. Two priority areas that the Working Group has targeted for improvement are reducing potential barriers to reporting misconduct and increasing employees’ confidence in using available resolution procedures. 

“These results tell me and my colleagues on the Working Group that we have done a lot, but we have more work to do to address the reluctance of employees to seek help or report wrongful conduct. And that work begins immediately, with a new set of recommendations for the Judicial Conference to consider,” said Judge Robert J. Conrad, Jr., the Director of the Administrative Office of the U.S. Courts.

The recommendations include the following:

• Review current definitions and guidance on abusive conduct and assess whether greater clarity can be provided on the distinctions between inappropriate behavior. Abusive conduct is a workplace protection unique to the Judiciary that goes beyond current statutory protections.
• Extend and clarify procedural rights, remedies, and obligations under the Model Employment Dispute Resolution (EDR) Plans, including clarifying that modifications to local plans cannot diminish or curtail rights or remedies under the model plan; ensuring that consideration of interim relief for complainants occurs consistently and at the outset of an investigation, incorporating additional monetary remedies for victims of misconduct, and removing the procedural requirement that employees first use assisted resolution prior to filing a formal complaint.
• Establish standards for the qualification and selection of EDR coordinators and enhance existing training.
• Promote the use of trained investigators in EDR assisted resolutions and in informal investigations at the local level.
• Ensure the appearance of impartiality of presiding judicial officers (PJOs) in formal complaint proceedings by appointing PJOs from outside a complainant’s district or circuit, ensure that PJOs appoint trained investigators, and develop additional resources for PJOs. 
• Expand feedback and information about EDR by ensuring that follow up occurs with employees who report wrongful conduct, developing uniform standards for the redaction and publication of EDR decisions in formal complaint proceedings, developing a publicly available source of published EDR decisions and relevant Judicial Conduct and Disability Act opinions, and augmenting data collection.
• Continue to incorporate workplace conduct training into orientation programs for all judges and employees.
• Clarify distinctions between inappropriate behaviors and abusive conduct in training programs for judges and employees.
• Provide continuing education for leaders at all levels of the Judiciary, including management training on listening, communication, building trust, and effective response to both inappropriate workplace behavior and allegations of wrongful conduct.

Learn more about workplace conduct initiatives in the federal Judiciary.