Last substantive revision (Transmittal 12-043) September 17, 2019

Last revised (minor technical changes) March 8, 2022

MODEL

EMPLOYMENT DISPUTE RESOLUTION PLAN

[Guide to Judiciary Policy, Vol. 12, Appx. 2A]

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 Plan 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 Plan. See Code of Conduct for Judicial Employees, Canon 3(C).

This Plan applies to all Judges, current and former Employees (including all law clerks; 

chambers employees; paid and unpaid interns, externs, and other volunteers; federal public 

defender employees; and probation and pretrial services employees), and applicants for 

employment who have been interviewed. The following persons cannot seek relief under 

this Plan: Judges, applicants for judicial appointment, 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.

II. WRONGFUL CONDUCT

A. This Plan prohibits wrongful conduct that occurs during the period of employment

or the interview process (for an applicant). 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:
2

• 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, pregnancy, sexual orientation, religion, 

national origin, age (40 years and over),1 or disability.

C. Discriminatory harassment occurs when a workplace is permeated with 

discriminatory 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.

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; sexuallydegrading 

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 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 reasonably related 

to performance management, including but not limited to: instruction, corrective

1 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.
3

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 Plan; 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, Chief Judge, Chief Circuit Judge, 

Circuit Director 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.

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 Plan provides the following additional options, and Employees 

may choose the option(s) that best fit their needs and comfort level.

A. Plan Options. This Plan 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.
4

1. Confidentiality. All individuals involved in the processes under this Plan 

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.

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 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.

Supervisors, Unit Executives, and Judges must take appropriate action when 

they learn of reliable information of wrongful conduct, such as sexual, racial, 

or other discriminatory harassment, which may include informing the 

appropriate Chief Judge.

2. Impartiality. All investigations, hearings, and other processes under this 

Plan must be conducted in a thorough, fair, and impartial manner. The EDR 

Coordinator, the Circuit Director of Workplace Relations, and the Presiding 

Judicial Officer must be impartial and may not act as an advocate for either 

Party. The EDR Coordinator, Circuit Director of Workplace Relations, or 

Presiding Judicial Officer must recuse if he or she participated in, witnessed, 

or was otherwise involved with the conduct or employment action giving rise 

to the claim. Recusal of these individualsis 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 his or her 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 Plan 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. Anysuch
5

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, Circuit 

Director 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 Plan, the Judicial 

Conduct and Disability Act, and any other processes;

• 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 Plan, 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;

• conducting a preliminary investigation, including interviewing 

persons alleged to have violated rights under this Plan 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 Circuit Director of Workplace Relations and complete a “Request for Assisted 

Resolution” (Appendix 2). An Employee asserting any claim of abusive conduct 

mustfirst use Assisted Resolution before filing a FormalComplaint. Filing aRequest 

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.
6

b. If the allegations concern the conduct of a Judge, the Chief Judge of 

the appropriate district 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 Circuit Director 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 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 he or she concludes it is frivolous; it does not allege

violations of the rights or protections in this Plan; 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 Parties 

will so acknowledge in writing.

f. The Parties by mutual assent, or the EDR Coordinator or Circuit 

Director of Workplace Relations in his or her discretion, will determine when to 

conclude the Assisted Resolution process. If Assisted Resolution is not successful 

in resolving the matter, the EDR Coordinator or Circuit Director of Workplace 

Relations will advise the Employee of his or her 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 to address a claim 

of wrongful conduct.

a. To file a Complaint, an Employee must submit a “Formal Complaint” 

(Appendix 3) to any of the Court’s EDR Coordinators 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
7

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 must first use 

Assisted Resolution before filing a Formal Complaint.

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 Plan. The EDR 

Coordinator must immediately provide a copy of the Complaint to the Chief Circuit 

Judge (or the next most-senior active 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 District Judge 

(unless the Chief District Judge is the subject of the Complaint, in which case the 

Complaint will be given only to the Chief Circuit Judge).

If a Judge becomes the subject of both a Complaint under this Plan 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 Plan. 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 immediately 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 a Judge in the Court 

or, when appropriate, a Judge from another Court (with the consent of the 

respective Chief Judge of that Court).

ii. Presiding Judicial Officer. The Presiding Judicial Officer 

oversees the Complaint proceeding. The Presiding Judicial Officer will
8

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 must provide the individual alleged 

to have violated rights under this Plan notice that a Complaint has beenfiled 

and the nature and substance of the Complaint allegations.

The Presiding Judicial Officer will provide for appropriate investigationand 

discovery, allow for settlement discussions, 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. 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 (with 

the consent of the respective Chief Judge of that Court).

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 immediately 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 thoroughly, impartially, and fairly 

investigated, and may use outside trained investigators if warranted. The 

investigation may include interviews with persons alleged to have violated 

rights under this Plan 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.
9

vi. Case preparation. The Complainant may use official time to 

prepare his or her 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 Plan 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 immediately send a copy of the written decision to the 

Parties, the Chief Judge of the Court, and to any individual alleged to have 

violated rights protected by this Plan. 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 Plan; 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.

ii. After completion of investigation and discovery, the Presiding 

Judicial Officer may, on his or her 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 toa 

favorable decision on the undisputed facts.

iii. The Parties may enter into an agreed written settlement if 

approved in writing by the Presiding Judicial Officer and the ChiefJudge.

g. Resolution of Complaint With a Hearing. If the Complaint is not 

resolved in its entirety by dismissal, Assisted Resolution, decision without a
10

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 60 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.

iv. Record of Proceedings. A verbatim record of the hearingmust 

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 Plan 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.

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;

• prospective promotion of the Complainant;
11

• 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 satisfied2

;

• 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.3

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 circuit by 

submitting in writing a Request for Review of Decision setting forth the grounds for 

appeal within 30 days of the date of the decision under procedures established by 

that judicial council (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.

2 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.

3 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.
12

V. COURT AND EMPLOYING OFFICE OBLIGATIONS

To ensure that Employees are aware of the options provided by this Plan, and that the Plan 

is effectively implemented, Courts and Employing Offices must adhere to the following:

A. Adopt and Implement EDR Plan. All Courts must adopt and implement an EDR 

Plan based on this Model EDR Plan. Courts may join with others to adopt 

consolidated EDR Plans. Any modification of this Model EDR Plan (1) may 

expand, but should not diminish or curtail, any of the rights or remedies afforded 

Employees under this Model EDR Plan, and (2) must be approved by the judicial 

council of its circuit. A copy of each EDR Plan and any subsequent modifications 

must be filed with the Administrative Office.

B. Records. At the conclusion of informal or formal proceedings under this Plan, all 

papers, files, and reports will be filed with the EDR Coordinator. 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 Plan will be made available to the public, appropriately 

redacted, in accordance with procedures established by the judicial council of the 

circuit.

C. EDR Coordinators. The Chief Judge will designate both a primary EDR 

Coordinator and at least one alternate EDR Coordinator for the Court. A Court may 

use an EDR Coordinator from another Court, or may use the Circuit Director 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 he or she wishes to seek Informal Advice, request Assisted 

Resolution, or file a Complaint under this EDR Plan.

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 Plan with all Appendices and relevant contact 

information;
13

• 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 of the Court’s EDR Coordinators, Circuit 

Director 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, pregnancy, sexual orientation, religion, national origin, age (40 

years and over), or disability is prohibited; (b) explains that Employees 

can report, resolve, and seek remedies for discrimination, harassment, or 

other wrongful conduct under the EDR Plan by contacting any of the 

Court’s EDR Coordinators and/or the Circuit Director of Workplace 

Relations, and/or the national Office of Judicial Integrity; (c) identifies 

the names and contact information of all Court EDR Coordinators, the 

Circuit Director of Workplace Relations, and the national Office of

Judicial Integrity; and (d) states where the EDR Plan can be located on 

the Court’s website.

3. ensure that each new Employee receive an electronic or paper copy of the 

EDR Plan and acknowledge in writing that he or she has read the Plan; 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 Plan and the options available for reporting wrongful conduct and 

seeking relief.

E. Reporting. Courts and Employing Offices will provide annually, to the 

Administrative Office of the United States Courts, 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 

Plan or other complaint; (2) the number and type of alleged violations for which 

Complaints under this Plan were filed; (3) the resolution of each Complaint under 

this Plan (dismissed or settled prior to a decision, or decided with or without a 

hearing); and (4) the rights under this Plan 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.
14

F. Appendices Attached:

1. Definitions

2. Request for Assisted Resolution

3. Formal Complaint Form

4. Request for Review of Decision Procedures and Sample Form (each Court 

to attach its circuit’s Request for Review Procedures)

5. Posters

This Plan supersedes all prior Model Equal Employment Opportunity and Employment 

Dispute Resolution Plans.

Effective date: September 17, 2019
Last substantive revision (Transmittal 12-043) September 17, 2019

Last revised (minor technical changes) March 8, 2022

DEFINITIONS 

APPENDIX 1

Circuit Director of Workplace Relations: A circuit Employee who coordinates 

workplace conduct issues and the implementation of all Court EDR Plans within the circuit.

The scope of duties may vary by circuit, but generally, a Circuit Director of Workplace

Relations may: provide Informal Advice and Assisted Resolution under any EDR Plan 

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.

Court: The Court (Courts of Appeals, District Courts, BankruptcyCourts, Court of Federal 

Claims and Court of International Trade, or of any Court created by an Act of Congressin 

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 Plan is located. In the case of disputes 

involving employees of the federal public defender, “Court” refers to the appropriate Court 

of Appeals. In the case of disputes involving probation and pretrial services, “Court” refers 

to the appropriate District Court.

EDR Coordinator: A Court Employee, other than a Judge or Unit Executive, designated 

by the Chief Judge to coordinate all of the Options for Resolution provided for in this Plan. 

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 Plan 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 Plan. The EDR Coordinator assists the Court in meeting its obligations under this 

Plan to train and advise employees of their rights under this Plan, and to post the Plan 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; federal public defenders, 

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, or Federal Public Defender 

Office, 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
Effective date: September 17, 2019

2

the Court of International Trade, or a judge of any Court created by 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.

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, pregnancy, sexual 

orientation, religion, national origin, age (40 years and over),4 or disability.

Unit Executive: Circuit executive, district court executive, clerk of court, chief probation 

officer, chief pretrial services officer, federal public defender, bankruptcy administrator, 

bankruptcy appellate panel clerk, senior staff attorney, chief preargument/conference 

attorney/circuit mediator, or circuit librarian.

4 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.
1

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 EDR PLAN § IV.C.3.a*

Submitted under the Procedures of the [Court] Employment Dispute Resolution Plan

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):
2

Names and contact information of any 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):

 Discrimination based on (check all 

that apply):

 Race

 Color

 Sex

 Gender

 Gender identity

 Pregnancy

 Sexual orientation

 Religion

 National origin

 Age 

 Disability

 Harassment based on (check all that 

apply): 

 Race

 Color

 Sex

 Gender

 Gender identity

 Pregnancy

 Sexual orientation

 Religion

 National origin

 Age 

 Disability

 Abusive Conduct

 Retaliation 

 Whistleblower 

Protection

 Family and Medical 

Leave

 Uniform Services 

Employment and 

Reemployment 

Rights 

 Worker Adjustment 

and Retraining 

 Occupational Safety 

and Health 

 Polygraph Protection 

 Other (describe)
3

Do you have an attorney or other person who represents you?

 Yes

Please provide name, mailing address, email address, and phone number(s):

 No

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 Plan (see EDR Plan § IV.B.1).

Your signature ___________________________________________________________

Date submitted ___________________________________________________________

Request for Assisted Resolution reviewed by EDR Coordinator/Circuit Director of 

Workplace Relations on____________________________________________________

EDR Coordinator/Circuit Director of Workplace Relations name ___________________

EDR Coordinator/Circuit Director of Workplace Relations signature ________________

Local Court Claim ID (Court Initials–AR–YY–Sequential Number): ________________
1

FORMAL COMPLAINT FORM

APPENDIX 3

Submitted under the Procedures of the [Court] Employment Dispute Resolution Plan

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):
2

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): 

Identify the Wrongful Conduct that you believe occurred (check all that apply):

 Discrimination based on (check all 

that apply):

 Race

 Color

 Sex

 Gender

 Gender identity

 Pregnancy

 Sexual orientation

 Religion

 National origin

 Age 

 Disability

 Harassment based on (check all that 

apply): 

 Race

 Color

 Sex

 Gender

 Gender identity

 Pregnancy

 Sexual orientation

 Religion

 National origin

 Age 

 Disability

 Abusive Conduct

 I have already sought Assisted Resolution for this Abusive Conduct claim.

Provide date Request for Assisted Resolution submitted and concluded, and describe the 

resolution, if any: 

 Retaliation 

 Whistleblower 

Protection

 Family and Medical 

Leave

 Uniform Services 

Employment and 

Reemployment 

Rights 

 Worker Adjustment 

and Retraining 

 Occupational Safety 

and Health 

 Polygraph Protection 

 Other (describe)
3

Do you have an attorney or other person 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 Plan (see EDR Plan § 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 on ___________________________________

EDR Coordinator name ____________________________________________________

EDR Coordinator signature _________________________________________________

Local Court Claim ID (Court Initials–FC–YY–Sequential Number): _________________
REQUEST FOR REVIEW OF DECISION (APPEAL) 

APPENDIX 4

Submitted under the Procedures of the [Court] Employment Dispute Resolution Plan 

[To be drafted by each Circuit and attached here by each Court]

SAMPLE FORM

Name of Requesting Party __________________________________________________

Address _________________________________________________________________

Phone Number(s) _________________________________________________________

Email Address ___________________________________________________________

Name of Court in Which Presiding Judicial Officer’s Decision Was Issued 

________________________________________________________________________

________________, Requesting Party v.

________________, Responding Party

Request for Review of Decision on Formal Complaint

Notice is hereby given that ______________________, (Requesting Party) in the 

above named case, hereby requests review by the Judicial Council for the _________ 

Circuit from the decision by Judge _________________ entered in this matter on the ___ 

day of ___________________, 20__.

 Attached to this request is a copy of the Presiding Judicial Officer’s decision.

State the reason(s) you contend that the Presiding Judicial Officer’s decision was in 

error (attach additional pages if necessary):

Submitted this ______________ day of ______________, 20___.

Signature of Requesting Party __________________________________________

Signature of Counsel, if any ____________________________________________

Approved by the __________ Circuit Judicial Council on _____________________.
POSTERS 

APPENDIX 5
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. 

They can provide you with advice and guidance 

on how to address the issue including:

• Your rights under the EDR Plan

• Advice on handling discriminatory, 

harassing, or abusive conduct

• Options for addressing the conduct

ASSISTED RESOLUTION

Contact an EDR Coordinator or Circuit 

Director of Workplace Relations to request 

Assisted Resolution. This interactive, 

flexible process may include:

• Discussions with the source of the 

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 

alleged violation or the discovery of the violation. 

This formal process includes:

• Appointment of Presiding Judicial Officer

• An investigation and/or hearing if appropriate

• Written decision

• Appeal rights

Confidentiality

All options for resolution are intended to respect 

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.

Contact Information:

Local EDR Coordinator 

First Name, Last Name 

Phone

Email

Circuit Director of Workplace Relations 

First Name, Last Name,

Phone 

Email

National Office of Judicial Integrity 

Judicial Integrity Officer

202-502-1603

AO_OJI@ao.uscourts.gov

Effective date: September 17, 2019
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, Circuit Director of Workplace Relations, or the Judicial Integrity Officer (202-502-1603).

Protection from Unlawful 

Discrimination

Prohibits discrimination in personnel 

actions based on race, color, sex, 

gender, gender identity, pregnancy, 

sexual orientation, religion, national 

origin, age (40+), or disability.

Protection from Harassment 

Prohibits sexual harassment, 

discriminatory harassment, and

abusive conduct.

Protection for Exercising 

Workplace Rights

Prohibits intimidation, retaliation, or 

discrimination against employees 

who exercise their employment rights 

or report or oppose wrongful conduct, 

including whistleblower protection.

Family and Medical Leave 

Provides rights and protections for 

employees needing leave for

specified family and medical reasons.

Protection for Veterans and 

Members of the Uniformed 

Services

Protects employees performing 

service in the uniformed services 

from discrimination and provides 

certain benefits and reemployment 

rights.

Notification of Office Closings 

and Mass Layoffs

Under certain circumstances, 

requires that employees be notified of 

an office closing or of a mass layoff at 

least 60 days in advance of the event.

Hazard-Free Workspaces 

Requires employing offices to comply 

with occupational safety and health

standards, and provideworkplaces

free of recognized hazards.

Polygraph Testing Prohibition 

Restricts the use and the results of 

polygraph testing.

These rights are fully explained in Guide to Judiciary Policy, Vol. 12, Ch. 2.

Effective date: September 17, 2019
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.

RIGHTS

DECISION

• An impartial investigation and/or hearing, if appropriate.

• Both parties may use a representative or attorney (at 

own expense).

• Both parties may present witnesses and examine 

adverse witnesses.

• A prompt written decision by a Presiding JudicialOfficer.

• Appeal.

APPEAL

Parties have the right to appeal to the circuit 

judicial council within 30 days of a decision. Effective date: September 17, 2019