The EEOC has defended the fact that it does not require EEOC judges to follow any code of judicial ethics.
In response to an ethics complaint, EEOC Associate Legal Counsel Carol R. Miaskoff ruled last month that EEOC judges are mere attorneys and not judges at all. “Because judicial standards do not apply, they could not have violated these rules,” states Miaskoff.
EEOC spokesperson Christine S. Nazer Friday rejected the premise that lack of a judicial ethics code is problematic. “EEOC leadership feels its judges should be fair, impartial, and follow the law, and all evidence suggests that this is exactly what happens in our federal sector decision-making process,” she said.
Nazer said Acting EEOC Commissioner Victoria Lipnic declined to answer questions, such as the following:
- Is Miaskoff is correct? Her ruling appears to be directly contrary to the ABA Model Code of Judicial Conduct for Federal Administrative Law Judges and the American Bar Association’s Model Code of Judicial Conduct.
- What about evidence showing that EEOC judges are not fair or impartial and do not follow the law, especially in cases involving age discrimination in hiring.