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April 23, 2026
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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IN THE MATTER OF THE NINTH ) GENERAL ORDER NO. 26-08
11 CIRCUIT EMPLOYMENT DISPUTE )
RESOLUTION POLICY )
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16 IT IS HEREBY ORDERED that The Ninth Circuit Employment Dispute
17 Resolution Policy, approved by the Judicial Council of the Ninth Circuit, a copy of
18 which is annexed hereto and incorporated by reference, is effective immediately in the
19 United States District Court for the Central District of California.
20 IT IS SO ORDERED.
21 ________________________________________
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22 CHIEF UNITE
UNITED
ED STATES DISTRICT JUDGE
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24 Date of Approval by the Court: $SULO, 2026
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26 Date of Filing by the Clerk: $SULO, 2026
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NINTH CIRCUIT
EMPLOYMENT DISPUTE RESOLUTION
POLICY
JUDICIAL COUNCIL APPROVED: FEBRUARY 24, 2026
EFFECTIVE DATE: FEBRUARY 24, 2026
NINTH CIRCUIT
EMPLOYMENT DISPUTE RESOLUTION POLICY
I. Introduction
The Federal Judiciary is committed to a workplace of respect, civility, fairness,
tolerance, and dignity, free of discrimination and harassment. These values are
essential to the Judiciary, which holds its Judges and Employees to the highest
standards. All Judges and Employees are expected to treat each other accordingly.
This Policy provides options for the reporting and resolution of allegations of
wrongful conduct (discrimination, sexual, racial, or other discriminatory
harassment, abusive conduct, and retaliation) in the workplace. Early action is the
best way to maintain a safe work environment. All Judges, Employing Offices, and
Employees have a responsibility to promote workplace civility, prevent harassment
or abusive conduct, and to take appropriate action upon receipt of reliable
information indicating a likelihood of wrongful conduct under this Policy. See Code
of Conduct for Judicial Employees, Canon 3(C).
This Policy applies to all Judges, current and former Employees (including all law
clerks; chambers employees; paid and unpaid interns, externs, and other volunteers;
and probation and pretrial services employees), and applicants for employment.1
The following persons cannot seek relief under this Policy: Judges, applicants for
judicial appointment, federal public defender employees, Criminal Justice Act panel
attorneys and applicants, investigators and service providers, community defender
employees, volunteer mediators, and any other non-Employees not specified above.
See Appendix 1 for full definitions of Judges and Employees. This Policy covers
conduct and actions that take place on and off work premises.
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Employees of courts within the Ninth Circuit, which have had an EDR Policy specific to their court
approved by the Judicial Council of the Ninth Circuit on or after October 22, 2020, are subject to the
applicable local court EDR Policy rather than this Ninth Circuit Policy.
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Table of Contents
I. INTRODUCTION ................................................................................................1
II. WRONGFUL CONDUCT .................................................................................4
A. This Policy ........................................................................................................................... 4
B. Discrimination ...................................................................................................................... 4
C. Discriminatory harassment .................................................................................................. 5
D. Abusive Conduct.................................................................................................................. 5
E. Retaliation ............................................................................................................................ 6
III. REPORTING WRONGFUL CONDUCT ......................................................6
IV. OPTIONS FOR RESOLUTION ......................................................................6
A. Policy Options...................................................................................................................... 7
B. General Rights...................................................................................................................... 7
1. Confidentiality .................................................................................................................... 7
2. Impartiality .......................................................................................................................... 8
3. Right to representation ...................................................................................................... 8
4. Interim Relief ...................................................................................................................... 8
5. Allegations Regarding a Judge ......................................................................................... 8
C. Specific Options ................................................................................................................... 9
1. Informal Advice ................................................................................................................. 9
2. Assisted Resolution ............................................................................................................ 9
3. Filing a Formal Complaint .............................................................................................. 11
d. Complaint Regarding a Judge. .......................................................................... 12
e. Formal Complaint Procedures and Procedural Rights ................................... 12
i. Appointment of Presiding Judicial Officer ........................................................ 12
ii. Presiding Judicial Officer. ............................................................................... 13
iii. Disqualification and Replacement. ................................................................. 14
iv. Response. ......................................................................................................... 14
v. Investigation and Discovery. ............................................................................ 14
vi. Case preparation. ............................................................................................ 14
vii. Extensions of time. .......................................................................................... 15
viii. Established Precedent. .................................................................................. 15
ix. Notice of Written Decision. ............................................................................. 15
f. Resolution of Complaint Without a Hearing................................................................. 15
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g. Resolution of Complaint With a Hearing ..................................................................... 16
i. Hearing .............................................................................................................. 16
ii. Notice. ............................................................................................................... 16
iii. Right to Present Evidence. .............................................................................. 16
iv. Record of Proceedings..................................................................................... 16
v. Written Decision. .............................................................................................. 17
h. Remedies. .......................................................................................................................... 17
i. Allowable Remedies ........................................................................................... 17
ii. Unavailable Remedies. ..................................................................................... 18
V. COURT AND EMPLOYING OFFICE OBLIGATIONS.............................19
A. Adopt and Implement EDR Policy. ................................................................................... 19
B. Records............................................................................................................................... 19
C. EDR Coordinators .............................................................................................................. 19
D. Advising Employees of their Rights .................................................................................. 20
E. Reporting ............................................................................................................................ 21
F. Appendices Attached .......................................................................................................... 22
DEFINITIONS ...................................................................................................................... 23
REQUEST FOR ASSISTED RESOLUTION .................................................................. 25
FORMAL COMPLAINT FORM ....................................................................................... 28
PROCEDURES FOR REVIEW OF EDR PRESIDING JUDICIAL OFFICER
DECISION BY THE EXECUTIVE COMMITTEE OF THE JUDICIAL COUNCIL
OF THE NINTH CIRCUIT (APPEAL) ............................................................................ 31
POSTERS .............................................................................................................................. 35
NINTH CIRCUIT EQUAL EMPLOYMENT OPPORTUNITY (EEO) POLICY ..... 39
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II. Wrongful Conduct
A. This Policy prohibits wrongful conduct that occurs during the period of
employment or the application process.2 Wrongful conduct includes:
x Discrimination;
x sexual, racial, and other discriminatory harassment;
x abusive conduct; and
x retaliation (including retaliation as described in the Whistleblower
Protection Provision in Guide to Judiciary Policy, Vol. 12 § 220.10.20(c)).
Wrongful conduct can be verbal, non-verbal, physical, or non-physical.
Wrongful conduct also includes conduct that would violate the following
employment laws and policy, as applied to the Judiciary by Judicial
Conference policy:
x Title VII, Civil Rights Act of 1964;
x Age Discrimination in Employment Act of 1967;
x Americans with Disabilities Act of 1990 and the Rehabilitation Act of
1973;
x Family and Medical Leave Act of 1993;
x Uniformed Services Employment and Reemployment Rights Act of 1994;
x Whistleblower Protection Provision (Guide, Vol. 12 § 220.10.20(c));
x Worker Adjustment and Retraining Notification Act;
x Occupational Safety and Health Act; and
x The Employee Polygraph Protection Act of 1988.
See Guide, Vol. 12, Ch. 2.
B. Discrimination is an adverse employment action that materially affects the
terms, conditions, or privileges of employment (such as hiring, firing, failing
to promote, or a significant change in benefits) based on the following
Protected Categories: race, color, sex, gender, gender identity, gender
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The rights and protections of Chapter 1 of the EEO Policy (Appendix 6) shall apply to Employees.
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expression, marital status, pregnancy, parenthood or caregiver status,3 sexual
orientation, religion, creed, ancestry, national origin, citizenship, genetic
information, age (40 years and over),4 disability, or service in the uniformed
forces.
C. Discriminatory harassment occurs when a person covered by this Policy is
subject to discriminatory5 intimidation, ridicule, and insult that is sufficiently
severe or pervasive to alter the conditions of the employment and create an
abusive working environment. Discriminatory harassment includes sexual
harassment. Sexual harassment is a form of harassment based on sex or
gender.
Examples of conduct that may give rise to discriminatory harassment: racial
slurs; derogatory comments about a person’s ethnicity, culture, or foreign
accent; or jokes about a person’s age, disability, or sexual orientation.
Examples of conduct that may give rise to sexual harassment: suggestive or
obscene notes, emails, text messages, or other types of communications;
sexually degrading comments; display of sexually suggestive objects or
images; unwelcome or inappropriate touching or physical contact; unwelcome
sexual advances or propositions; inappropriate remarks of a sexual nature or
about physical appearance; or employment action affected by submission to,
or rejection of, sexual advances.
D. Abusive Conduct is ordinarily a pattern of demonstrably egregious and
hostile conduct not based on a Protected Category that unreasonably interferes
with an Employee’s work and creates an abusive working environment.
Abusive conduct is threatening, oppressive, or intimidating.
Abusive conduct does not include communications and actions conveyed in a
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A “caregiver” is a person who provides direct care to a spouse, domestic partner, child (biological,
adoptive, step, or foster child, a legal ward, or child to whom the employee stands in loco parentis),
parent, sibling, grandparent, or grandchild.
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The age discrimination provision does not apply to hiring, retirement, or separation of probation and
pretrial services officers under 5 U.S.C. chapters 83 and 84.
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“Discriminatory” means based on the following Protected Categories: race, color, sex, gender, gender
identity, gender expression, marital status, pregnancy, parenthood or caregiver status, sexual orientation,
religion, creed, ancestry, national origin, citizenship, genetic information, age (40 years and over),
disability, or service in the uniformed forces.
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respectful manner and reasonably related to performance management,
including but not limited to: instruction, corrective criticism, and evaluation;
performance improvement plans; duty assignments and changes to duty
assignments; office organization; progressive discipline; and adverse action.
E. Retaliation is a materially adverse action taken against an Employee for
reporting wrongful conduct; for assisting in the defense of rights protected by
this Policy; or for opposing wrongful conduct. Retaliation against a person
who reveals or reports wrongful conduct is itself wrongful conduct.
III. REPORTING WRONGFUL CONDUCT
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 supervisor, human resources
professional, Unit Executive, Employment Dispute Resolution (“EDR”)
Coordinator,6 Chief Judge, Chief Circuit Judge, the Office of Workplace Relations,
or to the national Office of Judicial Integrity. See Code of Conduct for Judicial
Employees, Canon 3(C). Employees are also encouraged to report wrongful conduct
in the workplace by non-Employees. Court and chambers’ confidentiality
requirements do not prevent any Employee—including law clerks—from revealing
or reporting wrongful conduct by any person.
Supervisors, Unit Executives, and Judges must take appropriate action when they
learn of reliable information of wrongful conduct, which may include informing the
appropriate Chief Judge.
IV. OPTIONS FOR RESOLUTION
The Judiciary’s goal is to address wrongful conduct as soon as possible and to
provide multiple, flexible options for doing so. An Employee is always free to
address a conduct issue directly with the person who allegedly committed wrongful
conduct or to contact a colleague, supervisor, Unit Executive, Judge, Chief Judge,
or other individual to discuss or address the situation. This Policy provides the
following additional options, and Employees may choose the option(s) that best fit
their needs and comfort level.
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A staff member of the Office of Workplace Relations may function as an EDR Coordinator to provide
all the Options for Resolution (see Appendix 1).
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A. Policy Options. This Policy provides three options to address wrongful
conduct, as explained in detail below:
1. Informal Advice
2. Assisted Resolution
3. Formal Complaint
B. General Rights. All options for resolution are intended to respect the privacy
of all involved to the greatest extent possible, and to protect the fairness and
thoroughness of the process by which allegations of wrongful conduct are
initiated, investigated, and ultimately resolved.
1. Confidentiality. All individuals involved in the processes under this
Policy must protect the confidentiality of the allegations of wrongful
conduct. Information will be shared only to the extent necessary and
only with those whose involvement is necessary to address the
situation. An assurance of confidentiality must yield when there is
reliable information of wrongful conduct that threatens the safety or
security of any person or that is serious or egregious such that it
threatens the integrity of the Judiciary.
No person in the role of EDR Coordinator, the Office of Workplace
Relations, or the Office of Judicial Integrity shall be compelled to
disclose any conversations, testify, or provide information obtained
through Informal Advice except as described in § IV.B.1.
Any persons or Party involved in mediation or settlement discussion
under §§ IV.C.2. or IV.C.3.f.iii. of this Policy shall not disclose any
information or records obtained during the mediation or settlement
process except as necessary to consult with the Party or Parties
involved. Records made of mediation discussions, including notes and
documents provided in preparation for mediation, are strictly
confidential and will not be filed with the EDR Coordinator, Office of
Workplace Relations, or Office of Judicial Integrity (see § V.B.).
Confidentiality obligations in the Code of Conduct for Judicial
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Employees concerning use or disclosure of confidential information
received in the course of official duties do not prevent nor should they
discourage Employees from reporting or disclosing wrongful conduct,
including sexual, racial, or other forms of discriminatory harassment by
a Judge, supervisor, or other person.
2. Impartiality. All investigations, hearings, and other processes under
this Policy must be conducted in a fair and impartial manner. The
EDR Coordinator, the Office of Workplace Relations, and the
Presiding Judicial Officer must be impartial and may not act as an
advocate for either Party. The EDR Coordinator, staff member of the
Office of Workplace Relations, or Presiding Judicial Officer must
recuse if they participated in, witnessed, or were otherwise involved
with the conduct or employment action giving rise to the claim.
Recusal of these individuals is also required if the matter creates an
actual conflict or the appearance of a conflict.
3. Right to representation. Both the Employee and the Employing
Office responsible for providing any remedy have the right to be
represented by an attorney or other person of their choice at their own
expense. Another Employee may assist the Employee or Employing
Office if doing so will not constitute a conflict of interest or unduly
interfere with the Employee’s duties, as determined by the assisting
Employee’s appointing officer.
4. Interim Relief. An Employee, including a law clerk or other chambers
employee, who pursues any of the options under this Policy may
request transfer, an alternative work arrangement, or administrative
leave if the Employee alleges egregious conduct by a supervisor, Unit
Executive, or Judge that makes it untenable to continue working for that
person. Any such request must be made to the Unit Executive or Chief
Judge, as appropriate, to determine appropriate interim relief, if any,
taking into consideration the impact on any Employing Office.
5. Allegations Regarding a Judge. An Employee alleging that a Judge
has engaged in wrongful conduct may use any of the options for
resolution as set forth in Section C. An Employee may also file a
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complaint under the Judicial Conduct and Disability Act, 28 U.S.C. §§
351-364.
C. Specific Options
1. Informal Advice. An Employee may contact an EDR Coordinator, the
Office of Workplace Relations, or the national Office of Judicial
Integrity for confidential advice and guidance (see § IV.B.1) about a
range of topics including:
x the rights and protections afforded under this Policy, the Judicial
Conduct and Disability Act, and any other processes;
x providing perspective on conduct described, including whether it
violates the Policy;
x ways to respond to wrongful conduct as it is happening; and/or
x options for addressing the conduct, such as informal resolution,
participating in Assisted Resolution, or pursuing a Formal
Complaint under this Policy, the Judicial Conduct and Disability
Act, or any other processes.
2. Assisted Resolution. Assisted Resolution is an interactive, flexible
process that may include:
x discussing the matter with the person whose behavior is of
concern;
x conducting a preliminary investigation including interviewing
persons alleged to have violated rights under this Policy and
witnesses to the conduct;
x engaging in voluntary mediation between the persons involved;
and/or
x resolving the matter by agreement.
a. To pursue this option, an Employee must contact an EDR
Coordinator or the Office of Workplace Relations and complete a “Request
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for Assisted Resolution” (Appendix 2).7 An Employee asserting any claim of
abusive conduct is strongly encouraged to use Assisted Resolution before
filing a Formal Complaint, but is not required to do so. Filing a Request for
Assisted Resolution does not toll (extend) the time for filing a Formal
Complaint under § IV.C.3 unless one of the Parties requests, and the Chief
Judge or Presiding Judicial Officer grants, an extension of time for good
cause, as permitted in § IV.C.3.a.
b. If the allegations concern the conduct of a Judge, the Chief Judge
of the appropriate district, bankruptcy, or circuit Court must be notified and
will be responsible for coordinating any Assisted Resolution and/or taking any
other action required or appropriate under the circumstances. See, e.g., Rules
for Judicial-Conduct and Judicial-Disability Proceedings.
c. If the allegations concern the conduct of an Employee, the EDR
Coordinator or the Office of Workplace Relations will coordinate Assisted
Resolution and must notify the appropriate Unit Executive(s). The Unit
Executive is responsible for assessing the allegation(s) and taking appropriate
steps to resolve the matter. If the allegations concern the conduct of a Unit
Executive, the EDR Coordinator or the Office of Workplace Relations must
notify the Chief Judge, who is responsible for assessing the allegation(s) and
addressing the matter as appropriate.
d. The Unit Executive or Chief Judge responsible for assessing the
allegations, as indicated in (b) and (c) above, may deny the Request for
Assisted Resolution at any time if they were to conclude it is frivolous; it does
not allege violations of the rights or protections in this Policy; the alleged
conduct arises out of the same facts and circumstances, and was resolved by,
a previous EDR Complaint or other claim process or procedure; or on other
appropriate grounds.
e. If Assisted Resolution is successful in resolving the matter, the
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When an Employee completes a Request for Assisted Resolution form and chooses to use a local EDR
Coordinator to facilitate resolution, the local EDR Coordinator must notify the Office of Workplace
Relations of the request. The Office of Workplace Relations may serve as a resource for the EDR
Coordinator to facilitate resolution at the EDR Coordinator’s request.
When an Employee completes a Request for Assisted Resolution form and chooses to use the Office of
Workplace Relations to facilitate the resolution, the Office of Workplace Relations may notify the local
EDR Coordinator when appropriate or upon request of the Employee.
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Parties will so acknowledge in writing.
f. If Assisted Resolution is not successful in resolving the matter,
the EDR Coordinator or the Office of Workplace Relations will advise the
Employee of the Employee’s rights to file a Formal Complaint and/or pursue
action under the Judicial Conduct and Disability Act, if applicable, or any
other processes.
3. Filing a Formal Complaint. An Employee may file a Formal
Complaint (“Complaint”) with any of the Court’s EDR Coordinators or
the Office of Workplace Relations to address a claim of wrongful
conduct.8
a. To file a Complaint, an Employee must submit a “Formal
Complaint” (Appendix 3) to any of the Court’s EDR Coordinators or the
Office of Workplace Relations within 180 days of the alleged wrongful
conduct or within 180 days of the time the Employee becomes aware or
reasonably should have become aware of such wrongful conduct. Use of the
Informal Advice or Assisted Resolution options does not toll (extend) this 180-
day deadline unless the Chief Judge of the Court or the Presiding Judicial
Officer grants an extension of time for good cause.
b. An Employee asserting any claim of abusive conduct is
strongly encouraged to use Assisted Resolution before filing a Formal
Complaint but is not required to do so.
c. The Employee filing the Complaint is called the Complainant.
The Party responding to the Complaint is the Employing Office that is
responsible for providing any appropriate remedy and is called the Respondent.
The Complaint is not filed against any specific individual(s) but against the
Employing Office.
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When an Employee files a Formal Complaint form with a local EDR Coordinator, the local EDR
Coordinator must notify the Office of Workplace Relations of the Complaint. The Office of Workplace
Relations may serve as a resource for the EDR Coordinator upon the EDR Coordinator’s request.
When an Employee files a Formal Complaint form with the Office of Workplace Relations, the Office of
Workplace Relations may notify the local EDR Coordinator when appropriate or upon request of the
Employee.
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d. Complaint Regarding a Judge. An Employee alleging that a
Judge has engaged in wrongful conduct may file a Complaint under this
Policy. For Complaints against Judges, the Presiding Judicial Officer is the
Chief Circuit Judge or a designee. If the Chief Circuit Judge is the subject of
the Complaint, the Circuit Judge who is next in precedence to become Chief
Circuit Judge, pursuant to 28 U.S.C. § 45, shall designate an alternative
Presiding Judicial Officer to oversee the hearing process. The EDR
Coordinator must promptly provide a copy of the Complaint to the Chief
Circuit Judge (or the next Circuit Judge in precedence to become Chief Circuit
Judge, if the allegation is against the Chief Circuit Judge), who will oversee
the EDR Complaint process. If a District, Magistrate, or Bankruptcy Judge is
the subject of the Complaint, the EDR Coordinator must also provide a copy
of the Complaint to the Chief Judge of the appropriate district or bankruptcy
Court (unless the Chief District Judge or Chief Bankruptcy Judge is the
subject of the Complaint, in which case the Complaint would not be given to
that Judge).
If a Judge becomes the subject of both a Complaint under this Policy and a
complaint under the Judicial Conduct and Disability Act, the Chief Circuit
Judge will determine the appropriate procedure for addressing both, which
may include holding the EDR claim in abeyance and determining how best to
find any common issues of fact, subject to all requirements of the Judicial
Conduct and Disability Act, the Rules for Judicial-Conduct and Judicial-
Disability Proceedings, and, as practicable, this EDR Policy. Regardless of
whether there is a formal complaint under the Judicial Conduct and Disability
Act, the Chief Circuit Judge should consider the need for any necessary or
appropriate interim relief.
e. Formal Complaint Procedures and Procedural Rights
i. Appointment of Presiding Judicial Officer. Upon receipt
of a Complaint, the EDR Coordinator will promptly send a copy of the
Complaint to the Chief Judge of the Court, who will appoint a Presiding
Judicial Officer. The Presiding Judicial Officer will be either: (1) a
Judge from another Court in the Circuit (with the consent of the
respective Chief Judge of that Court), including from the Circuit Panel
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of Presiding Judicial Officers;9 or, (2) when appropriate, a Judge of the
Court from which the Complaint arises. In determining whether
appointment of a Judge of the Court from which the Complaint arises
is appropriate, the Chief Judge should consider input from the
Complainant. In the event that no Presiding Judicial Officer who is
without an actual or perceived conflict, or who otherwise wishes to
recuse themselves in accordance with § IV.B.2., is available from the
Circuit, the Chief Judge may appoint a Judge from another circuit.
ii. Presiding Judicial Officer. The Presiding Judicial Officer
oversees the Complaint proceeding. The Presiding Judicial Officer will
provide a copy of the Complaint to the head of the Employing Office
against which the Complaint has been filed (Respondent), except when
the Presiding Judicial Officer determines for good cause that the
circumstances dictate otherwise. The Presiding Judicial Officer may
provide the individual alleged to have violated rights under this Policy
notice that a Complaint has been filed and the nature and substance of
the Complaint allegations, if the Presiding Judicial Officer determines
it is necessary.10
The Presiding Judicial Officer will provide for appropriate
investigation and discovery, allow for settlement discussions,11 and
determine any written submissions to be provided to the Parties,
determine if a hearing is needed, determine the time, date, and place of
the hearing, issue a written decision, and, if warranted, order remedies.
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The Panel of Presiding Judicial Officers (“Panel”) will consist of Court of Appeals, district, magistrate,
and bankruptcy judges located throughout the Circuit, who will be available to serve as a Presiding
Judicial Officer. All members of the Panel will be appointed by the Chief Circuit Judge.
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A determination by the Presiding Judicial Officer to not provide notice to the individual alleged to have
violated rights under this Policy does not preclude the Respondent from sharing information with that
person and/or taking appropriate action, subject to the confidentiality provisions set forth in Section
IV.B.1.
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The Employing Office may request in writing a stay, or the Presiding Judicial Officer may on the
Presiding Judicial Officer’s own initiative stay a Formal Complaint proceeding up to 60 days (unless
extended for good cause), if the Employing Office asserts that there has been no prior opportunity to
address the conduct alleged, or for purposes of engaging in settlement discussions or other forms of
alternative dispute resolution. The Presiding Judicial Officer will determine whether to grant the stay
after providing the Complainant an opportunity to respond. A stay in the proceedings can provide the
Employing Office an opportunity to assess the allegations and take appropriate action. If the matter is
successfully resolved, the Parties may enter into an agreed written settlement approved by the Presiding
Judicial Officer pursuant to § IV.C.3.f.iii. If the matter is not resolved during the stay, the stay of
proceedings will be lifted, and the Formal Complaint will proceed under § IV.C.3.
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iii. Disqualification and Replacement. Either Party may seek
disqualification of the EDR Coordinator or the Presiding Judicial
Officer by written request to the Chief Judge, explaining why the
individual should be disqualified.
If the Presiding Judicial Officer is disqualified, the Chief Judge will
designate another Judge to serve as Presiding Judicial Officer, pursuant
to § IV.C.3.e.i.
If the EDR Coordinator is disqualified, the Chief Judge will appoint one
of the alternate EDR Coordinators or, if available, an EDR Coordinator
from another Court or circuit (with the consent of the respective Chief
Judge of that Court or circuit.).
If the Chief Judge recuses, the Judge who is next in precedence to
become Chief Judge shall designate a Presiding Judicial Officer,
pursuant to § IV.C.3.e.i.
iv. Response. The Respondent may file a Response to the
Complaint with the EDR Coordinator within 30 days of receiving the
Complaint. The EDR Coordinator must promptly send the Response to
the Presiding Judicial Officer and to the Complainant.
v. Investigation and Discovery. The Presiding Judicial
Officer will ensure that the allegations are impartially and fairly
investigated, and may use outside trained investigators if warranted.
The investigation may include interviews with the Parties, persons
alleged to have violated rights under this Policy, and witnesses; review
of relevant records; and collecting documents or other records. The
Presiding Judicial Officer will provide for such discovery to the
Complainant and Respondent as is necessary and appropriate. The
Presiding Judicial Officer will also determine what evidence and
written arguments, if any, are necessary for a fair and complete
assessment of the allegations and response.
vi. Case preparation. The Complainant may use official time
to prepare their case, so long as it does not unduly interfere with the
performance of duties.
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vii. Extensions of time. Any request for an extension of time
must be in writing. The Presiding Judicial Officer may extend any of
the deadlines set forth in this EDR Policy for good cause, except for the
deadline to issue a written decision, which may only be extended by the
Chief Judge.
viii. Established Precedent. In reaching a decision, the
Presiding Judicial Officer should be guided by judicial and
administrative decisions under relevant rules and statutes, as
appropriate. The Federal Rules of Evidence and any federal procedural
rules do not apply.
ix. Notice of Written Decision. The EDR Coordinator or
Presiding Judicial Officer will promptly send a copy of the written
decision to the Parties and the Chief Judge of the Court. The EDR
Coordinator or Presiding Judicial Officer may send a copy of the
written decision (with appropriate redactions as determined by the
Presiding Judicial Officer) to any individual alleged to have violated
rights protected by this Policy, if the Complaint was resolved after
investigation or hearing, or if the Presiding Judicial Officer otherwise
determines it is necessary. The EDR Coordinator will inform the
Parties of appeal rights, procedures, and deadlines.
f. Resolution of Complaint Without a Hearing. After notifying
the Parties and giving them an opportunity to respond, the Presiding Judicial
Officer may resolve the matter without a hearing.
i. The Presiding Judicial Officer may dismiss a Complaint
and issue a written decision at any time in the proceedings on the
grounds that: it is untimely filed, is frivolous, fails to state a claim, or
does not allege violations of the rights or protections in this Policy; the
alleged conduct arises out of the same facts and circumstances, and was
resolved by, a previous EDR Complaint or other claim process or
procedure; or on other appropriate grounds. The Presiding Judicial
Officer will issue a written decision within a reasonable amount of time,
not to exceed 60 days after providing the Parties notice and opportunity
to respond to the determination to resolve the matter without a hearing.
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ii. After completion of investigation and discovery, the
Presiding Judicial Officer may, on the Presiding Judicial Officer’s own
initiative or at the request of either Party, issue a written decision if the
Presiding Judicial Officer determines that no relevant facts are in
dispute and that one of the Parties is entitled to a favorable decision on
the undisputed facts. The Presiding Judicial Officer will issue a written
decision within a reasonable amount of time, not to exceed 60 days after
providing the Parties notice and opportunity to respond to the
determination to resolve the matter without a hearing.
iii. The Parties may enter into an agreed written settlement if
approved in writing by the Presiding Judicial Officer, and by the Chief
Judge if necessary.12
g. Resolution of Complaint With a Hearing. If the Complaint is
not resolved in its entirety by dismissal, Assisted Resolution, decision without
a hearing, or settlement, the Presiding Judicial Officer will order a hearing on
the merits of the Complaint.
i. Hearing. The hearing will be held no later than 90 days
after the filing of the Complaint unless the Presiding Judicial Officer
extends the deadline for good cause. The Presiding Judicial Officer
will determine the place and manner of the hearing.
ii. Notice. The Presiding Judicial Officer must provide
reasonable notice of the hearing date, time, and place to the
Complainant, the Respondent, and any individual(s) alleged to have
violated the Complainant’s rights.
iii. Right to Present Evidence. The Complainant and
Respondent have the right to present witnesses and documentary
evidence and to examine adverse witnesses, subject to the discretion
of the Presiding Judicial Officer.
iv. Record of Proceedings. A verbatim record of the hearing
must be made and will be the official record of the proceeding. This
may be a digital recording or a transcript.
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The Respondent must determine whether Chief Judge approval is necessary for the Respondent to agree to the
settlement.
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v. Written Decision. The Presiding Judicial Officer will
make findings of fact and conclusions of law and issue a written
decision no later than 60 days after the conclusion of the hearing, unless
an extension for good cause is granted by the Chief Judge.
h. Remedies. When the Presiding Judicial Officer finds that the
Complainant has established by a preponderance of the evidence (more likely
than not) that a substantive right protected by this Policy has been violated,
the Presiding Judicial Officer may direct the Employing Office to provide
remedies for the Complainant. The remedies are limited to providing relief to
the Complainant, should be tailored as closely as possible to the specific
violation(s) found, and take into consideration the impact on any Employing
Office. The Chief Judge and Employing Office (Respondent) must take
appropriate action to carry out the remedies ordered in the written decision,
subject to any applicable policies or procedures.
If the Presiding Judicial Officer directs the Employing Office to provide
remedies to the Complainant, within 30 days of the issued written decision,
the Employing Office must provide to the Office of Workplace Relations a
summary of what action was or will be taken to carry out the ordered remedies
and must provide a summary at the conclusion of the imposed remedies. The
Employing Office must provide status updates as requested by the Office of
Workplace Relations.
i. Allowable Remedies may include:
x placement of the Complainant in a position previously denied;
x placement of the Complainant in a comparable alternative position;
x reinstatement to a position from which the Complainant was previously
removed;
x prospective promotion of the Complainant;
x priority consideration of the Complainant for a future promotion or
position;
x back pay and associated benefits, when the statutory criteria of the Back
Pay Act are satisfied13;
13
Back Pay Act. Remedies under the Back Pay Act, including attorney’s fees, may be ordered only when
the statutory criteria of the Back Pay Act are satisfied, which include: (1) a finding of an unjustified or
17
x records modification and/or expungement;
x granting of family and medical leave;
x any reasonable accommodation(s); and
x any other appropriate remedy to address the wrongful conduct.14
ii. Unavailable Remedies. Other than under the Back Pay
Act,
monetary damages are not available. The Presiding Judicial Officer may
award attorney’s fees only if the statutory requirements under the Back
Pay Act are satisfied.
i. Review of Decision (Appeal). The Complainant and/or the
Respondent may appeal the decision to the Judicial Council of the Ninth
Circuit by submitting in writing a Petition for Review of Decision setting forth
the grounds for appeal within 30 days of the date of the decision under
procedures established by the Judicial Council of the Ninth Circuit (Appendix
4). The EDR Coordinator will inform the Parties of the procedures for seeking
review. The decision will be reviewed based on the record created by the
Presiding Judicial Officer and will be affirmed if supported by substantial
evidence and the proper application of legal principles.
unwarranted personnel action; (2) by an appropriate authority; (3) which resulted in the withdrawal or
reduction of all or part of the Employee’s pay, allowances, or differentials. An order of back pay is subject
to review and approval by the Director of the Administrative Office of the United States Courts. See 5
U.S.C. § 5596 (b)(1) and Guide, Vol. 12, § 690.
14
The issue in an EDR Complaint is whether the Employing Office is responsible for the alleged conduct;
it is not an action against any individual. The Presiding Judicial Officer lacks authority to impose
disciplinary or similar action against an individual. When there has been a finding of wrongful conduct in
an EDR proceeding, an appointing official, or official with delegated authority, should separately assess
whether further action, in accordance with any applicable policies and procedures, is necessary to correct
and prevent wrongful conduct and promote appropriate workplace behavior, such as:
x requiring counseling or training;
x ordering no contact with the Complainant;
x reassigning or transferring an Employee;
x reprimanding the Employee who engaged in wrongful conduct;
x issuing a suspension, probation, or demotion of the Employee who engaged in wrongful conduct;
and/or
x terminating employment for the Employee who engaged in wrongful conduct.
18
V. COURT AND EMPLOYING OFFICE OBLIGATIONS
To ensure that Employees are aware of the options provided by this Policy, and that
the Policy is effectively implemented, Courts and Employing Offices must adhere
to the following:
A. Adopt and Implement EDR Policy. All Courts must adopt and implement
an EDR Policy based on this EDR Policy. Courts may join with others to
adopt consolidated EDR Policies. Any modification of this EDR Policy (1)
may expand, but should not diminish or curtail, any of the rights or remedies
afforded Employees under this EDR Policy, and (2) must be approved by the
Judicial Council of the Ninth Circuit. A copy of each EDR Policy and any
subsequent modifications must be filed with the Administrative Office.
B. Records. At the conclusion of informal or formal proceedings under this
Policy, all papers, files, and reports will be filed with the EDR Coordinator
and the Office of Workplace Relations. No papers, files or reports relating to
an EDR matter will be filed in any Employee’s personnel folder, except as
necessary to implement an official personnel action.
Final decisions under this Policy will be made available to the public,
appropriately redacted, in accordance with procedures established by the
Judicial Council of the Ninth Circuit.
All EDR Formal Complaint Final Decisions shall be made available to the
public, free of charge, upon written request to the Office of Workplace
Relations. An EDR Final Decision is either the dispositive written decision
of the Presiding Judicial Officer, if no Petition for Review of Decision was
filed, or, if a Petition for Review of Decision was filed, the dispositive
decision of the Executive Committee of the Ninth Circuit Judicial Council.
Before an EDR Final Decision is made public, individual names and other
identifying information must be redacted.
C. EDR Coordinators. The Chief Judge will designate both a primary EDR
Coordinator and, if available, at least one alternate EDR Coordinator for the
Court.15 A Court may use an EDR Coordinator from another Court, or may
15
A team of EDR Coordinators or multiple EDR Coordinators would satisfy the requirement to designate
a primary and alternate EDR Coordinator.
19
use the Office of Workplace Relations as an alternate EDR Coordinator, if
necessary, with the approval of the appropriate Chief Judge. An Employee
may choose the EDR Coordinator with whom the Employee wishes to seek
Informal Advice, request Assisted Resolution, or file a Complaint under this
EDR Policy.
An EDR Coordinator must be an Employee who is not a Unit Executive. A
Judge may not be an EDR Coordinator. All EDR Coordinators must be
trained and certified as set forth in the EDR Interpretive Guide and Handbook.
D. Advising Employees of their Rights. Courts and Employing Offices must:
1. prominently post on their internal and external main homepages a direct
link labeled “Your Employee Rights and How to Report Wrongful
Conduct,” to:
x the entire EDR Policy with all Appendices and relevant contact
information;
x the Judicial Conduct and Disability Act, the Rules for Judicial-
Conduct and Judicial-Disability Proceedings, and the Judicial
Conduct and Disability Complaint form; and
x contact information for all the Court’s EDR Coordinators (internal
homepage only), the Office of Workplace Relations, and the
national Office of Judicial Integrity.
2. prominently display in the workplace:
x the posters set forth in Appendix 5; and
x an Anti-Discrimination and Harassment Notice that: (a) states that
discrimination or harassment based on race, color, sex, gender,
gender identity, gender expression, marital status, pregnancy,
parenthood or caregiver status, sexual orientation, religion, creed,
ancestry, national origin, citizenship, genetic information, age (40
years and over), disability, or service in the uniformed forces is
prohibited; (b) explains that Employees can report, resolve, and seek
remedies for discrimination, harassment, or other wrongful conduct
20
under the EDR Policy by contacting any of the Court’s EDR
Coordinators and/or the Office of Workplace Relations, and/or the
national Office of Judicial Integrity; (c) identifies the names and
contact information of all Court EDR Coordinators, the Office of
Workplace Relations, and the national Office of Judicial Integrity;
and (d) states where the EDR Policy can be located on the Court’s
website.
3. ensure that each new Employee receives an electronic or paper copy of
the EDR Policy and acknowledge in writing that the Employee has read
the Policy; and
4. conduct training annually for all Judges and Employees, including
chambers staff, to ensure that they are aware of the rights and
obligations under the EDR Policy and the options available for
reporting wrongful conduct and seeking relief. The Chief Judge must
ensure that all Judges, Unit Executives, and chambers staff have
completed their annual training, and each Unit Executive must ensure
that their respective employees have completed their annual training.
E. Reporting. Courts and Employing Offices will provide annually, to the
Administrative Office of the United States, data on: (1) the number and types
of alleged violations for which Assisted Resolution was requested, and for
each matter, whether it was resolved or was also the subject of a Complaint
under this Policy or other complaint; (2) the number and type of alleged
violations for which Complaints under this Policy were filed; (3) the
resolution of each Complaint under this Policy (dismissed or settled prior to
a decision, or decided with or without a hearing); and (4) the rights under this
Policy that were found by decision to have been violated. Courts and
Employing Offices should also provide any information that may be helpful
in identifying the conditions that may have enabled wrongful conduct or
prevented its discovery, and what precautionary or curative steps should be
undertaken to prevent its recurrence.
21
Chief Judges and Unit Executives (or their designee) will provide annually, to
the Office of Workplace Relations, confirmation of compliance with § V.D.,
including the links required by § V.D.1.
F. Appendices Attached:
1. Definitions
2. Request for Assisted Resolution
3. Formal Complaint Form
4. Procedures for Review of EDR Presiding Judicial Officer Decision by
the Executive Committee of the Judicial Council of the Ninth Circuit
(Appeal)
5. Posters
6. Ninth Circuit Equal Employment Opportunity (EEO) Policy
This Policy supersedes all prior Equal Employment Opportunity and Employment
Dispute Resolution Policies.
Judicial Council Approved: February 24, 2026
Effective date: February 24, 2026
22
DEFINITIONS
APPENDIX 1
Court: The Court (Court of Appeals, District Courts, Bankruptcy Courts, Court of
Federal Claims and Court of International Trade, or of any Court created by an Act
of Congress in a territory that is invested with any jurisdiction of a District Court of
the United States) in which the Employing Office that would be responsible for
ordering redress, correction, or abatement of a violation of rights under this EDR
Policy is located. In the case of disputes involving probation and pretrial services,
“Court” refers to the appropriate District Court.
EDR Coordinator: A Court Employee or staff member of the Office of Workplace
Relations, other than a Judge or Unit Executive, designated by the Chief Judge to
coordinate all of the Options for Resolution provided for in this Policy. The EDR
Coordinator provides confidential advice and guidance (see § IV.B.1.) if an
Employee seeks Informal Advice; coordinates the Assisted Resolution process,
including any necessary investigation; accepts Complaints under this Policy for
filing; and assists the Presiding Judicial Officer in the Complaint proceeding, as
directed. The EDR Coordinator maintains and preserves all Court files pertaining
to matters initiated and processed under this EDR Policy. The EDR Coordinator
assists the Court in meeting its obligations under this Policy to train and advise
employees of their rights under this Policy, and to post the Policy as directed.
Additional information on the EDR Coordinator’s responsibilities may be found in
the EDR Interpretive Guide and Handbook.
Employee: All employees of a Court. This includes Unit Executives and their
staffs; judicial assistants and other chambers employees; law clerks; and chief
probation officers and chief pretrial services officers and their respective staffs; court
reporters appointed by a Court; and paid and unpaid interns, externs, and other
volunteer employees.
Employing Office/Respondent: The office of the Court that is responsible for
providing any appropriate remedy. The Court is the Employing Office of Judges
and chambers employees.
Judge: A judge appointed under Article III of the Constitution, a United States
bankruptcy judge, a United States magistrate judge, a judge of the Court of Federal
Claims, a judge of the Court of International Trade, or a judge of any Court created
by an Act of Congress in a territory that is invested with any jurisdiction of a district
court of the United States.
23
Office of Judicial Integrity: The office of the Administrative Office of the United
States Courts staffed to provide advice and guidance to Employees nationwide about
workplace conduct issues, including sexual, racial, and other discriminatory
harassment, abusive conduct and other wrongful conduct. Contact information for
the Office of Judicial Integrity can be found on JNet and on uscourts.gov.
Office of Workplace Relations: The Office of Workplace Relations serves the
Ninth Circuit and includes the Director of Workplace Relations. The Office
coordinates workplace conduct issues and the implementation of all Court EDR
Policies within the circuit. The scope of duties generally may include: provide
Informal Advice, coordinate Assisted Resolution, and assist with the Formal
Complaint process under any EDR Policy within the circuit; assist in training the
EDR Coordinators within the circuit; provide or arrange for training throughout the
circuit on workplace conduct, discrimination, and sexual harassment; and collect and
analyze statistical data and other information relevant to workplace conduct matters.
A staff member of the Office of Workplace Relations may function as an EDR
Coordinator and provide all Options for Resolution for Employees.
Panel of Presiding Judicial Officers: The Panel of Presiding Judicial Officers
(“Panel”) will consist of Court of Appeals, district, magistrate, and bankruptcy
judges throughout the Circuit. A Chief Judge will appoint a Panel member judge to
oversee the Formal Complaint process. All appointments of member judges are
made by the Chief Circuit Judge, and composition and term lengths are at the
discretion of the Chief Circuit Judge.
Parties: The Employing Office and the Employee who has filed a request for
Assisted Resolution or a Formal Complaint.
Protected Category: Race, color, sex, gender, gender identity, gender expression,
marital status, pregnancy, parenthood or caregiver status, sexual orientation,
religion, creed, ancestry, national origin, citizenship, genetic information, age (40
years and over),16 disability, or service in the uniformed forces.
Unit Executive: Circuit Executive, district court executive, clerk of court, chief
probation officer, chief pretrial services officer, bankruptcy administrator,
bankruptcy appellate panel clerk, senior staff attorney, chief circuit mediator, or
circuit librarian.
16
The age discrimination provision does not apply to hiring, retirement, or separation of probation and
pretrial services officers under 5 U.S.C. chapters 83 and 84.
24
REQUEST FOR ASSISTED RESOLUTION
APPENDIX 2
*USE OF ASSISTED RESOLUTION DOES NOT EXTEND THE 180-DAY
DEADLINE TO FILE A FORMAL COMPLAINT UNLESS THE DEADLINE IS
EXTENDED UNDER THE EDR POLICY § IV.C.3.a.*
Submitted under the Procedures of the Ninth Circuit Employment Dispute
Resolution Policy
Court: ____________________________________________________________
Full name of person submitting the form: __________________________________
Your mailing address:
Your email address: __________________________________________________
Your phone number(s): _______________________________________________
Office in which you are employed or applied to: ____________________________
Name and address of Employing Office from which you seek assistance (if the
matter involves a judge or chambers employee, the Employing Office is the Court):
Your job title/job title applied for: _______________________________________
Date of interview (for interviewed applicants only): _________________________
Date(s) of alleged incident(s) for which you seek Assisted Resolution:
Summary of the actions or occurrences for which you seek Assisted Resolution
(attach additional pages as needed):
25
Names and contact information of witnesses to the actions or occurrences for which
you seek Assisted Resolution:
Describe the assistance or corrective action you seek:
Alleged Wrongful Conduct for which you seek Assisted Resolution (check all that
apply):
տ Discrimination based on (check all տ Harassment based on (check all
that apply): that apply):
տ Race տ Race
տ Color տ Color
տ Sex տ Sex
տ Gender տ Gender
տ Gender identity տ Gender identity
տ Gender expression տ Gender expression
տ Marital status տ Marital status
տ Pregnancy տ Pregnancy
տ Parenthood տ Parenthood
տ Caregiver տ Caregiver
տ Sexual orientation տ Sexual orientation
տ Religion տ Religion
տ Creed տ Creed
տ Ancestry տ Ancestry
տ National origin տ National origin
տ Citizenship տ Citizenship
տ Genetic information տ Genetic information
տ Age տ Age
տ Disability տ Disability
տ Service in the uniformed տ Service in the uniformed
forces forces
տ Abusive Conduct Leave տ Worker Adjustment
տ Retaliation տ Uniform Services and Retraining
տ Whistleblower Employment and տ Occupational Safety
Protection Reemployment and Health
տ Family and Medical Rights տ Polygraph
26
Protection տ Other (describe)
Do you have an attorney or other person who represents you?
տ Yes
տ No
Please provide name, mailing address, email address, and phone number(s):
I acknowledge that this Request will be kept confidential to the extent possible, but
information may be shared to the extent necessary and with those whose
involvement is necessary to resolve this matter, as explained in the EDR Policy (see
EDR Policy § IV.B.1).
Your signature ______________________________________________________
Date submitted: ____________________________________________________
Request for Assisted Resolution reviewed by EDR Coordinator/Director of
Workplace Relations on ______________________________________________
EDR Coordinator/Director of Workplace Relations name ____________________
EDR Coordinator/Director of Workplace Relations signature __________________
27
FORMAL COMPLAINT FORM
APPENDIX 3
Submitted under the Procedures of the Ninth Circuit Employment Dispute
Resolution Policy
Court: ________________________________________________________
Full name of person submitting the form (Complainant): ______________________
Your mailing address: ________________________________________________
Your email address: __________________________________________________
Your phone number(s): _______________________________________________
Office in which you are employed or applied to: ____________________________
Name and address of Employing Office from which you seek a remedy (if the matter
involves a judge or chambers employee, the Employing Office is the Court):
Your job title/job title applied for: ______________________________________
Date of interview (for interviewed applicants only): _________________________
Date(s) of alleged incident(s) for which you seek a remedy:
Summary of the actions or occurrences giving rise to the Complaint (attach
additional pages as needed):
Describe the remedy or corrective action you seek (attach additional pages as
needed):
Identify, and provide contact information for, any persons who were involved in this
matter, who were witnesses to the actions or occurrences, or who can provide
28
relevant information concerning the Complaint (attach additional pages as needed):
Identify the Wrongful Conduct that you believe occurred (check all that apply):
տ Discrimination based on (check all տ Harassment based on (check all
that apply): that apply):
տ Race տ Race
տ Color տ Color
տ Sex տ Sex
տ Gender տ Gender
տ Gender identity տ Gender identity
տ Gender expression տ Gender expression
տ Marital status տ Marital status
տ Pregnancy տ Pregnancy
տ Parenthood տ Parenthood
տ Caregiver տ Caregiver
տ Sexual orientation տ Sexual orientation
տ Religion տ Religion
տ Creed տ Creed
տ Ancestry տ Ancestry
տ National origin տ National origin
տ Citizenship տ Citizenship
տ Genetic information տ Genetic information
տ Age տ Age
տ Disability տ Disability
տ Service in the uniformed forces տ Service in the uniformed forces
տ Abusive Conduct
տ Retaliation տ Uniform Services տ Occupational Safety
տ Whistleblower Employment and and Health
Protection Reemployment տ Polygraph
տ Family and Medical Rights Protection
Leave տ Worker Adjustment տ Other (describe)
and Retraining
29
Date on which Assisted Resolution was requested: __________________________
Date on which Assisted Resolution concluded: ____________________________
Do you have an attorney who represents you?
տ Yes
Please provide name, mailing address, email address, and phone
number(s):
տ No
տ I have attached copy(ies) of any documents that relate to my Complaint (such as
emails, notices of discipline or termination, job application, etc.)
I acknowledge that this Complaint will be kept confidential to the extent possible,
but information may be shared to the extent necessary and with those whose
involvement is necessary to resolve this matter, as explained in the EDR Policy (see
EDR Policy § IV.B.1).
I affirm that the information provided in this Complaint is true and correct to the
best of my knowledge:
Complainant signature ________________________________________________
Date submitted ______________________________________________________
Complaint reviewed by EDR Coordinator/Director of Workplace Relations on
_________
EDR Coordinator/Director of Workplace Relations name _____________________
EDR Coordinator/Director of Workplace Relations signature __________________
30
PROCEDURES FOR REVIEW OF EDR PRESIDING JUDICIAL
OFFICER DECISION BY THE EXECUTIVE COMMITTEE OF THE
JUDICIAL COUNCIL OF THE NINTH CIRCUIT (APPEAL)
APPENDIX 4
I. Scope of the Rules
These rules govern procedures for petitioning for review a decision, or summary
dismissal of a Ninth Circuit Employment Dispute Resolution Policy Complaint
rendered by a Presiding Judicial Officer (see § IV.C.3.e.ii). Such review is
conducted by the Executive Committee of the Judicial Council of the Ninth Circuit
(“Executive Committee”).
II. Filing Petition for Review
A. Filing the Petition for Review. A Party aggrieved by the final decision
of the Presiding Judicial Officer or by summary dismissal of a Complaint,
may petition for review of that decision or summary dismissal by filing a
Petition for Review (“Petition”) to which is attached a copy of the decision
of the Presiding Judicial Officer (or copy of the summary dismissal).
B. Form of Petition and Supporting Arguments. The Petition shall be in
accordance with Form 1, which follows these procedures. Included in the
Petition or as an attachment to the Petition shall be a statement, not to
exceed 10 pages in length (8 ½ x 11 white paper, double-spaced, singled-
sided) setting forth the basis for the Petition and all arguments and
information supporting the petition. The Petition must be filed with the
Executive Committee in a timely manner as set forth in Section III below.
C. Serving the Petition for Review. The petitioning Party must serve the
Petition on the Executive Committee by having it emailed to the Office of
Workplace Relations at
[email protected].
The Petition may also be delivered to the Office of Workplace Relations
at the following address:
31
Office of Workplace Office of Workplace
Relations Relations
P.O. Box 193939 95 Seventh Street
San Francisco, CA 94119 San Francisco, CA 94103
Parcel Delivery
Upon receipt, the Office of Workplace Relations will serve a copy of the
Petition (and all attachments thereto) on the opposing Party.
III. Filing Deadlines
A. Time for Filing a Petition for Review. A Petition for Review must be
submitted to the Executive Committee no later than 30 days following the
date of the final decision of the Presiding Judicial Officer or following the
date of a summary dismissal of the Complaint.
B. Requests for Extension of Time. The Executive Committee may extend
the time to file a Petition for Review and for any other filing specified in
these procedures, provided the petitioner shows good cause or excusable
neglect.
C. Determining Time Periods. The word “days” in all filing deadlines in
these procedures shall mean calendar days, except that if the deadline date
occurs on a Saturday, Sunday, or holiday, the deadline shall be extended
to the next following Monday or court business day respectively.
IV. Consideration by the Executive Committee
A. General. All reviews will be conducted by the members of the Executive
Committee, and shall be based on the decision of the Presiding Judicial
Officer or the summary dismissal of a Complaint and any documents
submitted by the Parties in response to the directive of the Executive
Committee as outlined below.
32
B. Scope of the Record and Documents to be Considered. Within 20 days
following receipt of the Petition for Review, the Executive Committee
shall notify the Parties concerning what, if any, additional information, i.e.,
record (e.g., hearing transcript), documents and/or briefs, may be
submitted for its consideration. Unless notified by the Executive
Committee of its request for additional information, neither Party is to
submit further information.
C. Oral Argument. Oral argument will normally not be permitted but may
be ordered by the Executive Committee. Either Party may request such
argument in writing filed within 7 days following filing of the Petition as
part of the petition (in the case of the party filing the Petition) or (in the
case of the Respondent) in a letter submitted no later than 7 days from
receipt of the Petition, setting forth the specific reasons why such argument
is necessary, and why adequate argument cannot be made in written form.
If granted, oral argument, may, at the sole discretion of the Executive
Committee, be conducted via teleconference using video and/or audio
technology.
D. Standard of Review. The written decision or summary dismissal of the
Presiding Judicial Officer shall be affirmed if supported by substantial
evidence.
E. Summary Disposition. If at any time prior to the final submission of the
case for review, the Executive Committee determines that the basis(es) of
the request for review are so insubstantial as to not justify further
proceedings, the Court may issue an appropriate dispositive order.
F. Form of Final Review. The Executive Committee shall issue its decision
in writing within a reasonable amount of time, not to exceed 90 days of
receipt of the Petition for Review by the Executive Committee.
Attachment: Sample Petition for Review to the Executive Committee of the
Judicial Council of the Ninth Circuit from Presiding Judicial Officer’s
Decision
[see next page for Form 1]
33
Name of Petitioning Party or Counsel
Address
Telephone #
Fax #
Email
Name of Court in Which Presiding Judicial Officer’s Final Decision
Was Issued
A.B., Petitioner Petition for Review of Decision
in (or
v. Summary Dismissal of)
Employment
C.D., Respondent Dispute Resolution Policy
Complaint
Notice is hereby given that (name of Party petitioning for review),
(Petitioner) in the above named case, hereby submits this Petition for
Review to the Executive Committee of the Judicial Council of the Ninth
Circuit from the final decision (or summary dismissal of the Complaint)
by Judge (name of Presiding Judicial Officer) entered in this matter
action on the ___________ day of _______, (20__).
Attached to this Petition is a copy of the Presiding Judicial
Officer’s Final Decision (or summary dismissal of the Complaint).
The basis(es) of this Petition for Review is (reason why review is
requested—this basis(es) may be included as an attachment).
Submitted on this ___ day of _____________, (20__).
(s)
____________________________
(Representing name of Party)
34
POSTERS
APPENDIX 5
35
INFORMAL ADVICE
To request advice about a workplace concern,
contact your Employment Dispute Resolution
(EDR) coordinator, Circuit Director of Workplace
Relations, or the Office of Judicial Integrity.
ASSISTED RESOLUTION
They can provide you with advice and guidance
on how to address the issue including:
Contact an EDR Coordinator or
x Your rights under the EDR Policy Circuit Director of Workplace
x Advice on handling discriminatory, Relations to request Assisted
harassing, or abusive conduct Resolution. This interactive,
x Options for addressing the conduct flexible process may include:
x Discussions with the
source of the conduct
x Preliminary investigation,
including interviewing
witnesses
x Resolving the matter by agreement
FORMAL COMPLAINT
Confidentiality
Contact an EDR coordinator to file a
formal complaint. All options for resolution are intended
to respect privacy of all involved to the
The Complaint must be filed within greatest extent possible, and to protect
180 days of the alleged violation or the the fairness and thoroughness of the
discovery of the violation. process by which allegations of
This formal process includes: wrongful conduct are initiated,
• Appointment of Presiding Judicial investigated, and ultimately resolved.
Officer Contact Information
• An investigation and/or hearing if Office of Workplace Relations
appropriate 415-355-8914
[email protected]
• Written decision v
• Appeal rights
National Office of Judicial
Integrity 202-502-1604
[email protected]
Employees of the Federal Judiciary are protected by the employment rights listed
below, as described in Guide to Judiciary Policy, Vol. 12, Ch. 2.
Employees have options for resolution, including Informal Advice, Assisted Resolution, and
filing a Formal Complaint. Formal Complaints must be filed within 180 days of when the
Employee knew or should have known of the alleged violation. More information, including a
list of court EDR Coordinators, can be found on JNet.
Employees may confidentially report workplace discrimination, harassment, abusive
behavior, or retaliation to an EDR Coordinator, Office of Workplace Relations, or the
Judicial Integrity Officer, Michael Henry, at 202-502-1604.
Protection from Unlawful and reemployment rights.
Discrimination Protection for Exercising
Prohibits discrimination in Workplace Rights Notification of Office
personnel actions based on Prohibits intimidation, Closings and Mass Layoffs
race, color, sex, gender, retaliation, or discrimination Under certain circumstances,
gender identity, gender against employees who requires that employees be
expression, marital status, exercise their employment notified of an office closing or
pregnancy, parenthood or rights or report or oppose of a mass layoff at least 60
caregiver status, sexual wrongful conduct, including days in advance of the event.
orientation, religion, creed, whistleblower protection. Hazard-Free Workspaces
ancestry, national origin, Family and Medical Leave Requires employing offices to
citizenship, genetic Provides rights and comply with occupational
information, age (40+), protections for employees safety and health standards,
disability, service in the needing leave for specified and provide workplaces free of
uniformed forces. family and medical reasons. recognized hazards.
Protection from Protection for Veterans Polygraph Testing
Harassment and Members of the Prohibition
Prohibits sexual Uniformed Services Restricts the use and the
harassment, Protects employees results of polygraph
discriminatory performing service in the
testing.
harassment, and abusive uniformed services from
conduct. discrimination and
These rights are fully explained in Guide to
provides certain benefits Judiciary Policy, Vol. 12, Ch. 2.
File a
Complaint
File a complaint with
an EDR coordinator
within 180 days of the
conduct (or discovery
of the conduct).
Gather
Information
The Presiding Judicial
Officer decides what
investigation and
discovery are needed
and if written
arguments are needed.
Hearing
The Presiding
Judicial Officer
determines if a
hearing is needed.
DECISION
RIGHTS
• An impartial investigation and/or hearing, if
appropriate.
• Both parties may use a representative or
attorney (at own expense). APPEAL
• A prompt written decision by a Presiding Judicial
Officer.
Parties have the right to appeal to the circuit
judicial council within 30 days of a decision.
NINTH CIRCUIT EQUAL EMPLOYMENT OPPORTUNITY (EEO)
POLICY
APPENDIX 6
I. Statement of Policy
Each Court and court unit will promote equal employment opportunity to all
persons or classes of persons regardless of their race, color, sex, gender, gender
identity, gender expression, marital status, pregnancy, parenthood or caregiver
status, sexual orientation, religion, creed, ancestry, national origin, citizenship,
genetic information, age,17 disability, or service in the uniformed forces, in
addition to any other status or characteristic protected under applicable federal
law. All facets of employment such as recruitment, hiring, work assignments,
compensation, benefits, education, disciplinary actions, terminations, training,
promotion, advancement, and supervision are included in the EEO Policy. Each
Unit Executive will promote a Court or office environment free of discrimination
and harassment. Along with Employees (as defined in the EDR Policy),
applicants for employment and former employees are covered by this EEO Policy.
All Complaints under this EEO Policy shall be covered by the procedures in §
IV.C.3. of the Ninth Circuit Employment Dispute Resolution Policy.
Unit Executives must ensure that appropriate vacancies (with the exception of
chambers law clerk and judicial assistant vacancies) are publicly announced to
attract candidates who represent the make-up of persons available in the relevant
job market and that all hiring and other employment decisions are based solely on
job-related factors. Job postings may be published solely to internal staff in certain
circumstances, such as budgetary constraints; career ladder promotions;
reassignments; and accretion of duties. Reasonable efforts should be made to see
that the skills, abilities, and potential of each Employee are identified and
developed, and that all Employees are given equal opportunities for promotions by
being offered, when the work of the Court permits, and within the limits of
available resources, cross-training, reassignments, special assignments, and outside
job-related training.
II. Annual Report
Unit Executives must submit an annual report to the Chief Circuit Judge via the
17
The age discrimination provision does not apply to hiring, retirement, or separation of probation and
pretrial services officers under 5 U.S.C. chapters 83 and 84.
39
Office of Workplace Relations. The report will describe any significant
achievements in providing equal employment opportunities, identify areas where
improvements are needed, and explain factors inhibiting achievement of equal
employment opportunity objectives.
III. Objectives
When the Unit Executive deems it necessary or desirable, the Unit Executive will
develop annual objectives that reflect improvements needed in recruitment, hiring,
promotions, and advancement, and will prepare a specific plan (report) explaining
how those objectives will be achieved.
IV. Distribution and Public Notice
Copies of this EEO Policy shall be made available to all Employees and furnished,
upon request, to applicants for positions of employment.
APPEAL
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