WORKPLACE HARASSMENT AND DISCRIMINATION
It is the policy of the Court that all employees have a right to work in an environment free of any form of harassment. The Court strictly prohibits harassment of employees in the workplace. In addition, workplace harassment is prohibited by Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA). For purposes of this policy, harassment is defined as inappropriate conduct, either real or perceived, of a verbal or physical nature, based on a person’s sex, age, race, color, national origin, religion, veteran status, citizenship, disability, or protected genetic information, or union affiliation.
Sexual harassment has been defined as follows:
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Sexual harassment is strictly prohibited. The Court also strictly prohibits harassment of employees on the basis of age, race, color, national origin, religion, marital status, veteran status, citizenship, disability or union affiliation. Verbal or physical conduct that creates an intimidating, hostile, or offensive work environment is the type of conduct which is prohibited by this policy. Examples of actions that may constitute harassment in violation of this policy include epithets, slurs, or negative stereotyping. Written materials in the workplace showing hostility toward an employee because of the employee’s sex, age, race, color, national origin, religion, veteran status, citizenship, disability, protected genetic information, or union affiliation are also prohibited.
All complaints regarding harassment must be immediately communicated to a supervisor, the Court Administrator, the Chief Judge, or any other Judge of this Court. Each employee has not only a right, but a duty, to report conduct which he or she believes may constitute harassment. The Court will not condone or authorize any kind of retaliation against an employee who has made a good faith report of conduct which he or she believes may constitute harassment in violation of this policy. The Court will thoroughly investigate any allegations of harassment and maintain confidentiality to the extent consistent with a thorough investigation. Any employee at any level found to have engaged in the harassment of another in violation of this policy will be subject to appropriate disciplinary action, up to and including termination of employment.
In accordance with Louisiana ACT 270, the following is effective January 1, 2019 in regards to Sexual Harassment:
• Each public servant, which includes all Court employees and Elected Officials shall receive a minimum of one hour mandatory education and training on preventing sexual harassment during each full calendar year.
• Any person designated by the Court to accept or investigate complaints of sexual harassment must receive additional education and training beyond the one hour per calendar year.
• The education and training required pursuant to this Section may be received either in person or via the internet through training and education materials approved by the public servant's agency head.
• The Human Resources office as the agency designee for the Supreme Court shall be responsible for maintaining records of the compliance of each Court employee in the agency with the mandatory training requirement.
• Each record of compliance shall be a public record and available to the public in accordance with the Public Records Law.
In accordance with R.S. 42:342-344, the annual reporting requirements for Sexual Harassment will be submitted to the Louisiana Supreme Court.