Federal Prosecutors Survey Illustrates Disparate Access to Telework at Justice
An in-depth survey of U.S. Attorney Offices (USAOs) revealed varying degrees of telework flexibility under the Executive Office for United States Attorneys (EOUSA)–a single agency subcomponent that houses administrative support for USAOs.
In March, the National Association of Assistant U.S. Attorneys (NAAUSA) surveyed roughly 600 Assistant U.S. Attorneys (AUSA) with results from 92 of the 94 USAOs and found the lack of a uniform telework policy at the Justice Department continues to impede productivity, recruitment, and retention objectives.
NAAUSA, which represents the interests of the Justice Department’s roughly 6,000 AUSAs, found that 10 percent of USAOs prohibit telework or allow it only on an ad-hoc basis, whereas about 30 percent allow less than four days per pay period.
“AUSAs in the offices providing flexible, two days a week telework policies report feeling respected and trusted by their supervisors. AUSAs in these offices also report being more productive and having an improved work-life balance. We commend the U.S. Attorneys that have chosen to adopt a flexible policy that identifies the modern working environment,” the survey report stated.
According to NAAUSA, the view of the work of AUSAs in offices with flexible policies differs from that of AUSAs in offices with limiting policies. AUSAs working in offices with restrictive policies feel their office is moving backward in time. Several respondents noted that high gas prices, inflexible supervisors, and unreasonable expectations adversely affect job satisfaction and morale.
“The mandated schedule telework isn’t conducive to attorneys who have an ever-changing schedule. Having flexibility, even two days per week, would be helpful. But this is a department-wide issue not limited to just our office,” stated an AUSA from the Southern District of Illinois.
Late last year, NAAUSA polled AUSAs on their interest in teleworking and capabilities during the COVID-19 pandemic. Ninety-five percent of teleworkers reported doing their jobs successfully, and 93 percent supported a department-wide policy allowing two days of telework per week.
Both surveys outlined consistent themes:
AUSAs feel agency and office leadership that limit telework lack trust and respect for AUSAs;
Leadership has been largely indifferent to accommodating telework flexibility despite AUSA performance over the past two years,
Leadership appears to want to return to a pre-pandemic normal; and
AUSAs are routinely set at a lower level of flexibility and compensation than their department colleagues.
NAAUSA has consistently argued telework aids the Department’s mission to ensure the effective administration of justice. The organization further urged the Department to recognize telework flexibility as a strategic tool in deploying recruitment and retention efforts.
“All AUSAs understand and agree that when their work requires in-person attendance, they will appear in-person,” said NAAUSA President Wasserman in a press release Monday. “However, forcing AUSAs to work in-person when it is not necessary for their job duties is harmful to overall productivity, morale, and employee retention.”