Sexual Harassment Allegations Fell Powerful 9th Circuit Judge

Author: David B. Weisenfeld, XpertHR Legal Editor

December 27, 2017

Sexual harassment claims have ended the judicial career of 9th Circuit Court of Appeals Judge Alex Kozinski, who once served as chief judge of the San Francisco-based circuit. On December 18, Judge Kozinski retired effective immediately.

The announcement came shortly after The Washington Post reported on the claims of six women, including former judicial clerks and more junior staff members, that Kozinski subjected them to inappropriate behavior, including sexual conduct or comments. Some of the clerks alleged that Kozinski showed them pornography in his chambers, and one said the judge had commented in front of others on how she "should work out naked in a gym."

Following publication of the article, several more women came forward including a few who claimed that Kozinski touched them inappropriately. That led the Chief Judge of the 9th Circuit, Sidney Thomas, to initiate a review of the misconduct claims. Four days later, Judge Kozinski announced his retirement.

In a statement, Kozinski said he always treated his employees as family and worked closely with most of them. He added, though, that he had a candid way of speaking to male and female clerks alike, and said, "I may not have been mindful enough of the special challenges and pressures that women face in the workplace."

Kozinski also apologized if he had ever made any of his clerks feel uncomfortable. But in separate comments, he said that he does not "remember ever showing pornographic material to my clerks."

Speaking of the superstar sexual harassment issue generally on a recent XpertHR podcast, employment attorney and workplace trainer Allison West said, "If a manager is engaged in inappropriate conduct, there is power there so that changes things dramatically."

Kozinski had served on the 9th Circuit since 1985, and at the time was the youngest federal appellate judge in the nation. President Trump will nominate his successor.