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....
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