The 119th Congress Poses a New Opportunity to Protect Whistleblower Rights for Federal Judiciary Employees
Author: Olivia Hynes
Nobody wants their civil rights to be violated by their employer. However, it is a sad reality that many Americans face. When it happens, though, there are Equal Employment Opportunity (EEO) institutions in place to guide them through the process of taking action against their employer and getting the justice they deserve. Yet, the very employees of those who are often deciding on these EEO cases—the judges—are not protected.
Employees in the judicial branch are not afforded the same EEO and anti-retaliation protections that exist for employees in the legislative or executive branches or in the corporate sector. Based on court cases Guercio v. Brody and Feikens (1986) and Strickland v. U.S. (2024), judiciary employees can still be retaliated against under the guise of official judicial duties and are ineligible to receive financial compensation for damages. The fact that judiciary employees do not have adequate legal protections is dangerous and counterintuitive. This call to action has been met with Members of Congress introducing legislation to discipline irresponsible and abusive judges, with wide support by activists and advocates with expertise on the matter.
One example of relevant legislation is the Judiciary Accountability Act, which establishes that workplace discrimination, harassment, and retaliation are examples of judicial misconduct. This bill also provides concrete mechanisms for the judiciary to process workplace misconduct allegations, give judiciary employees the right to sue their employer in accordance with well-established civil rights laws, and provides whistleblower protections for judiciary employees including anti-retaliation benefits and opportunities to obtain financial compensation. If a comprehensive version of the bill is passed, it would also enshrine into law judiciary employees' EEO rights, provide more detailed procedures on how the courts would process legal proceedings on discrimination allegations, and include crucial whistleblower protections. Considering that the United States is the only country in the world where judiciary employees are not afforded with whistleblower protections and anti-retaliation benefits, this concerning issue must be resolved urgently, and the 119th Congress should take note.
Government Accountability Project has a long track record of advocating for judiciary employees' right to speak out, dating back to serving as Helen Guercio's counsel in Guercio v. Brody and Feikens (1986). In more recent years, the organization has also advocated for Congress to hold oversight hearings and supported coalition letters advocating for legislation.
Substantial changes in the judiciary are long overdue, and an effective, comprehensive bill is a crucial next step – one that will increase transparency in the judiciary and strengthen the integrity of all three U.S. governmental branches and the public's trust in them. If the goal is to empower judiciary employees with the rights and means to speak out when they have experienced injustice or abuse of power, then civil rights and whistleblower protections prove to be not only complementary but also necessary for these employees.
To learn more about this important legislation, read our in-depth review.
