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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF WASHINGTON
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11 IN RE: GENERAL ORDER 05-26
12 EMPLOYMENT DISPUTE RESOLUTION
POLICY
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15 The Judges of the United States District Court for the Western District of Washington have
16 approved and adopted the attached Employment Dispute Resolution Policy, effective April 10,
17 2026. It replaces any prior Employment Dispute Resolution Policy in this district.
18 Dated this 10th day of April, 2026.
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20 FOR THE COURT:
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David G. Estudillo
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Chief United States District Judge
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GENERAL ORDER - 1
WESTERN DISTRICT OF WASHINGTON
EMPLOYMENT DISPUTE RESOLUTION POLICY
U.S. District Court
U.S. Probation and Pretrial Services
Effective April 10, 2026
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
EMPLOYMENT DISPUTE RESOLUTION POLICY
I. INTRODUCTION
The Western District of Washington is committed to a workplace that fosters respect,
fairness, civility, and tolerance. This Employment Dispute Resolution Policy (“the EDR
Policy” or “the Policy”), is designed to assure that these values are a part of the culture of
the Western District of Washington as a workplace. The goal is to eliminate misconduct,
including discriminatory, harassing, demeaning, and bullying behavior. As a Court
employee, you have the right to work in a professional environment that prohibits
harassment and bullying. The Court expects all relationships within the Court to be
business-like, professional, and free of bias, prejudice, harassment and retaliation. 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 covers conduct and actions that take place on and off work premises. This
Policy then sets out options for addressing or resolving such conduct. The Policy outlines
the Western District of Washington’s mechanisms for (i) informal advice; (ii) assisted
resolution of workplace issues; and (iii) formal resolution of workplace complaints.
The Policy seeks to encourage the reporting of workplace misconduct and reduce barriers
to reporting, which include fear of retaliation, concern about reputational harm, and the
belief that an issue will not be resolved even if it is reported. The Western District of
Washington recognizes the courage that is needed to report misconduct and continues to
encourage early reporting as the best way to address and prevent systemic, harmful
conduct. The Policy prohibits retaliation against anyone who reports misconduct, whether
the person experiences the misconduct directly or is a bystander. The Policy seeks to
provide safe and accessible ways of reporting misconduct.
This Policy applies to all Judges, current and former Employees (including all clerk’s office
staff; chambers employees; paid and unpaid interns, externs, and other volunteers; and
probation and pretrial services employees), and applicants for employment. 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.
Nothing in this Policy precludes an Employee from seeking legal or other counsel outside
the Court. Employees are advised to seek such counsel if they have any question about
their right to access the Court system.
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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 ...................................................................................... 6
B. General Rights ..................................................................................... 6
1. Confidentiality ............................................................................... 7
2. Impartiality.................................................................................... 7
3. Right to representation................................................................. 8
4. Interim Relief ................................................................................ 8
5. Allegations Regarding a Judge .................................................... 8
C. Specific Options .................................................................................. 8
1. Informal Advice ............................................................................ 8
2. Assisted Resolution ....................................................................... 9
3. Filing a Formal Complaint .......................................................... 10
a. Complaint Regarding a Judge ................................................... 11
e. Formal Complaint Procedures and Procedural Rights .............. 11
i. Appointment of Presiding Judicial Officer .......................... 11
ii. Presiding Judicial Officer ................................................... 12
iii. Disqualification and Replacement....................................... 12
iv. Response .............................................................................. 13
v. Investigation and Discovery ................................................ 13
vi. Case preparation ................................................................. 13
vii. Extensions of time ................................................................ 13
viii. Established Precedent ......................................................... 13
ix. Notice of Written Decision .................................................. 14
f. Resolution of Complaint Without a Hearing ........................ 14
g. Resolution of Complaint With a Hearing ............................. 14
i. Hearing ................................................................................ 14
ii. Notice ................................................................................... 15
iii. Right to Present Evidence.................................................... 15
iv. Record of Proceedings......................................................... 15
v. Written Decision .................................................................. 15
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h. Remedies .................................................................................. 15
i. Allowable Remedies ............................................................. 15
ii. Unavailable Remedies ......................................................... 16
i. Review of Decision (Appeal) ................................................... 16
V. COURT AND EMPLOYING OFFICE OBLIGATIONS.................... 17
A. Adopt and Implement EDR Policy..................................................... 17
B. Records ................................................................................................. 17
C. EDR Coordinators ............................................................................... 18
D. Advising Employees of their Rights ................................................... 18
E. Reporting .............................................................................................. 19
F. Appendices............................................................................................ 19
1. Definitions ....................................................................................... 21
2. Request for Assisted Resolution.................................................... 24
3. Formal Complaint form ................................................................ 27
4. Procedures for Review of EDR Presiding Judicial Officer Decision
by the Executive Committee of the Judicial Council of the Ninth
Circuit (Appeal) .............................................................................. 30
5. Posters ............................................................................................. 34
6. Ninth Circuit Equal Employment Opportunity Policy .............. 38
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II. WRONGFUL CONDUCT
A. This Policy prohibits wrongful conduct that occurs during the period of
employment or the application process.1 Wrongful conduct includes:
• Discrimination;
• sexual, racial, and other discriminatory harassment;
• abusive conduct; and
• 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:
• Title VII, Civil Rights Act of 1964;
• Age Discrimination in Employment Act of 1967;
• Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973;
• Family and Medical Leave Act of 1993;
• Uniformed Services Employment and Reemployment Rights Act of 1994;
• Whistleblower Protection Provision (Guide, Vol. 12 § 220.10.20(c));
• Worker Adjustment and Retraining Notification Act;
• Occupational Safety and Health Act; and
• 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 expression, marital status,
pregnancy, parenthood or caregiver status, 2 sexual orientation, religion, creed,
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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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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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ancestry, national origin, citizenship, genetic information, age (40 years and over),3
disability, or service in the uniformed forces.
C. Discriminatory harassment occurs when a person covered by this Policy is subject
to discriminatory 4 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. Bullying/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. Bullying
includes repeated mistreatment involving abusive conduct that is threatening,
oppressive, or intimidating, and interferes with an individual’s ability to do one’s
job. It can be physical, verbal, non-verbal, or psychological and can involve work
assignments and social ostracism as well as demeaning treatment and comments,
and is often persistent, aggressive, and part of a pattern. Abusive conduct does not
include communications and actions conveyed in a 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.
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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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Bullying is not consistent with a workplace that aims to treat all individuals fairly
and with respect. The Court considers the following types of behavior examples of
potential bullying:
• Verbal/Written bullying: Abusive and offensive language or remarks; insults,
spreading rumors, unreasonable criticism, slandering, ridiculing or maligning a
person; name calling that is hurtful, insulting or humiliating; using a person as
an object of jokes;
• Psychological manipulation: placing unfair blame for mistakes; setting
someone up for failure; deliberate exclusion; belittling or disregarding
someone’s opinions or suggestions; public criticism; threatening gestures;
• Physical bullying: Pushing, shoving, kicking, poking, tripping, physical assault
or threating physical assault, or damage to or threatening to damage a person’s
work area or property; and
• Cyberbullying: Abusive or offensive text messages or emails, rumors or false
information sent by email or posted on social networking sites, and
embarrassing pictures, videos, websites, or fake profiles on any electronic
technology which includes devices and equipment such as cell phones,
computers, and tablets as well as communication tools including social media
sites, text messages, instant messaging (IM), chat, and websites.
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
Employees share the responsibility for keeping the workplace free of discrimination,
harassment, bullying, retaliation, and other misconduct. To implement this Policy
effectively, it is imperative that any Employee who experiences misconduct, has
misconduct reported to them, who receives an inquiry about misconduct, or who witnesses
misconduct should report these instances immediately. Employees may reach out to a
supervisor, an EDR Coordinator, the Office of Workplace Relations, or the national Office
of Judicial Integrity. See Code of Conduct for Judicial Employees, Canon 3(C). Any
Employee (including supervisors and EDR Coordinators) who has misconduct reported to
them, who receives an inquiry about misconduct, or who witnesses misconduct should
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advise the Office of Workplace Relations, the national Office of Judicial Integrity or an
EDR Coordinator. In some instances, an Employee who receives a report or inquiry about
misconduct will be asked by that person to keep the information confidential, keep the
person who reported it anonymous, or that no action be taken following the report or
inquiry. In those instances, the Employee receiving the report or inquiry may contact the
EDR Coordinator, the Office of Workplace Relations, or the national Office of Judicial
Integrity for further advice. If the conduct is physically threatening or so pervasive as to
present unsafe working conditions for the Employee or other Employees, the Employee
receiving the report or inquiry must contact an EDR Coordinator or the Office of
Workplace Relations.
Supervisors, Unit Executives, and Judges must take appropriate action when they learn of
reliable information of wrongful conduct, which may include providing information to
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.
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 aim to protect the confidentiality of the allegations of wrongful conduct.
However, not all options to address wrongful conduct can guarantee strict
confidentiality, so an Employee should choose the avenues that best fit their
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needs and comfort level. 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 Employees
concerning use or disclosure of confidential information received in the
course of official duties do not prevent or 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
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constitute a conflict of interest or unduly interfere with the Employee’s
duties, as determined by that 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 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:
• the rights and protections afforded under this Policy, the Judicial
Conduct and Disability Act, and any other processes;
• providing perspective on conduct described, including whether it
violates the Policy;
• ways to respond to wrongful conduct as it is happening; and/or
• 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:
• discussing the matter with the person whose behavior is of concern;
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• conducting a preliminary investigation including interviewing
persons alleged to have violated rights under this Policy and witnesses
to the conduct;
• engaging in voluntary mediation between the persons involved;
and/or
• 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 for Assisted
Resolution” (Appendix 2).5 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
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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
resolution, the Office of Workplace Relations may notify the local EDR Coordinator when appropriate or
upon request of the Employee.
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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 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.6
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.
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
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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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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 of Presiding Judicial Officers,7 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.
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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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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. 8
The Presiding Judicial Officer will provide for appropriate investigation and
discovery, allow for settlement discussions, 9 and determine any written
submissions to be provided by 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.
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.).
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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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Either Party 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
resolution dispute. 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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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.
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.
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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.
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. 10
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.
10 The Respondent must determine whether Chief Judge approval is necessary for the Respondent to
agree to the settlement.
15
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.
vi. 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.
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:
• placement of the Complainant in a position previously denied;
• placement of the Complainant in a comparable alternative position;
• reinstatement to a position from which the Complainant was previously
removed;
16
• prospective promotion of the Complainant;
• priority consideration of the Complainant for a future promotion or position;
• back pay and associated benefits, when the statutory criteria of the Back Pay
Act are satisfied11;
• records modification and/or expungement;
• granting of family and medical leave;
• any reasonable accommodation(s); and
• any other appropriate remedy to address the wrongful conduct.12
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.
11
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
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.
12
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:
• requiring counseling or training;
• ordering no contact with the Complainant;
• reassigning or transferring an Employee;
• reprimanding the Employee who engaged in wrongful conduct;
• issuing a suspension, probation, or demotion of the Employee who engaged in wrongful conduct;
and/or
• terminating employment for the Employee who engaged in wrongful conduct.
17
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.13
A Court may use an EDR Coordinator from another Court, or may 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
13
A team of EDR Coordinators or multiple EDR Coordinators would satisfy the requirement to designate
a primary and alternate EDR Coordinator.
18
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:
• the entire EDR Policy with all Appendices and relevant contact
information;
• the Judicial Conduct and Disability Act, the Rules for Judicial-Conduct
and Judicial-Disability Proceedings, and the Judicial Conduct and
Disability Complaint form; and
• 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:
• the posters set forth in Appendix 5; and
• 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 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
19
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.
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)
20
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: April 10, 2026
21
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.
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.
22
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), 14
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.
14
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.
23
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):
Names and contact information of witnesses to the actions or occurrences for which you
seek Assisted Resolution:
24
Describe the assistance or corrective action you seek:
Alleged Wrongful Conduct for which you seek Assisted Resolution (check all that apply):
☐ Discrimination based on (check all ☐ Harassment based on (check all that
that apply): apply):
☐ Race ☐ Race
☐ Color ☐ Color
☐ Sex ☐ Sex
☐ Gender ☐ Gender
☐ Gender identity ☐ Gender identity
☐ Gender expression ☐ Gender expression
☐ Marital status ☐ Marital status
☐ Pregnancy ☐ Pregnancy
☐ Parenthood ☐ Parenthood
☐ Caregiver ☐ Caregiver
☐ Sexual orientation ☐ Sexual orientation
☐ Religion ☐ Religion
☐ Creed ☐ Creed
☐ Ancestry ☐ Ancestry
☐ National origin ☐ National origin
☐ Citizenship ☐ Citizenship
☐ Genetic information ☐ Genetic information
☐ Age ☐ Age
☐ Disability ☐ Disability
☐ Service in the uniformed ☐ Service in the uniformed
forces forces
☐ Abusive Conduct ☐ Uniform Services ☐ Occupational Safety
☐ Retaliation Employment and and Health
☐ Whistleblower Reemployment ☐ Polygraph Protection
Protection Rights ☐ Other (describe)
☐ Family and Medical ☐ Worker Adjustment
Leave and Retraining
25
Do you have an attorney or other person who represents you?
☐ Yes
☐ 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 _______________________
26
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 relevant
information concerning the Complaint (attach additional pages as needed):
27
Identify the Wrongful Conduct that you believe occurred (check all that apply):
☐ Discrimination based on (check all ☐ Harassment based on (check all that
that apply): apply):
☐ Race ☐ Race
☐ Color ☐ Color
☐ Sex ☐ Sex
☐ Gender ☐ Gender
☐ Gender identity ☐ Gender identity
☐ Gender expression ☐ Gender expression
☐ Marital status ☐ Marital status
☐ Pregnancy ☐ Pregnancy
☐ Parenthood ☐ Parenthood
☐ Caregiver ☐ Caregiver
☐ Sexual orientation ☐ Sexual orientation
☐ Religion ☐ Religion
☐ Creed ☐ Creed
☐ Ancestry ☐ Ancestry
☐ National origin ☐ National origin
☐ Citizenship ☐ Citizenship
☐ Genetic information ☐ Genetic information
☐ Age ☐ Age
☐ Disability ☐ Disability
☐ Service in the uniformed forces ☐ Service in the uniformed forces
☐ Abusive Conduct
☐ Retaliation ☐ Uniform Services ☐ Occupational Safety
☐ Whistleblower Employment and and Health
Protection Reemployment ☐ Polygraph Protection
☐ Family and Medical Rights ☐ Other (describe)
Leave ☐ Worker Adjustment
and Retraining
Date on which Assisted Resolution was requested: _______________________________
Date on which Assisted Resolution concluded: __________________________________
28
Do you have an attorney who represents you?
☐ Yes
Please provide name, mailing address, email address, and phone number(s):
☐ No
☐ 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 _______________________
29
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:
Office of Workplace Relations Office of Workplace Relations
P.O. Box 193939 95 Seventh Street
San Francisco, CA 94119 San Francisco, CA 94103
Parcel Delivery
30
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.
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
31
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]
32
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
Summary Dismissal of) Employment
v. Dispute Resolution Policy Complaint
C.D., Respondent
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)
33
POSTERS
APPENDIX 5
34
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 Contact an EDR Coordinator or Circuit
on how to address the issue including: Director of Workplace Relations to request
• Your rights under the EDR Policy Assisted Resolution. This interactive,
• Advice on handling discriminatory, flexible process may include:
harassing, or abusive conduct • Discussions with the source of the
• Options for addressing the conduct conduct
• Preliminary investigation, including
interviewing witnesses
• Resolving the matter by agreement
FORMAL COMPLAINT
Contact an EDR coordinator to file a formal complaint.
The Complaint must be filed within 180 days of the Contact Information:
alleged violation or the discovery of the violation. Aaron Chang
This formal process includes: 206-370-8487
• Appointment of Presiding Judicial Officer
[email protected]
• An investigation and/or hearing if appropriate Nathan Lewis
• Written decision 206-370-8499
[email protected]
• Appeal rights
Sarah Bogosian
206-370-5217
[email protected]
Confidentiality Office of Workplace Relations
415-355-8914
All options for resolution are intended to respect
[email protected]
privacy of all involved to the greatest extent
possible, and to protect the fairness and Michael Henry (or Deputy Judicial Officer
thoroughness of the process by which allegations Carolyn Dubay), Judicial Integrity Officer
of wrongful conduct are initiated, investigated, and 202-502-1604
[email protected]
ultimately resolved.
Effective date: January 16, 2025
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 (or Deputy Judicial Officer
Carolyn Dubay), at 202-502-1604.
Protection from Unlawful Family and Medical Leave Hazard-Free Workspaces
Discrimination Provides rights and protections for Requires employing offices to comply
Prohibits discrimination in personnel employees needing leave for with occupational safety and health
actions based on race, color, sex, specified family and medical reasons. standards, and provide workplaces
gender, gender identity, gender free of recognized hazards.
expression, marital status,
pregnancy, parenthood or caregiver
Protection for Veterans and
status, sexual orientation, religion, Members of the Uniformed Polygraph Testing Prohibition
creed, ancestry, national origin, Services Restricts the use and the results of
citizenship, genetic information, age Protects employees performing polygraph testing.
(40+), disability, service in the service in the uniformed services
uniformed forces. from discrimination and provides
certain benefits and reemployment
rights.
Protection from Harassment
Prohibits sexual harassment,
discriminatory harassment, and Notification of Office Closings
abusive conduct. and Mass Layoffs
Under certain circumstances,
Protection for Exercising requires that employees be notified of
Workplace Rights an office closing or of a mass layoff at
least 60 days in advance of the event.
Prohibits intimidation, retaliation, or
discrimination against employees
who exercise their employment rights
or report or oppose wrongful conduct,
including whistleblower protection.
These rights are fully explained in Guide to Judiciary Policy, Vol. 12, Ch. 2.
Effective date: November 21, 2024
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 Appeal
attorney (at own expense).
• A prompt written decision by a Presiding Judicial
Officer.
Parties have the right to appeal to the circuit
Effective: January 16, 2025 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,15
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 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.
15
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.
38
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
39
