Rule 10.351. Judicial branch policies on workplace conduct

Document Filing Requirements

• each court must take reasonable steps to prevent and address such conduct

• adopting policies prohibiting harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification

• establishing for such conduct complaint reporting and response procedures that satisfy the minimum requirements stated in this rule.

• Each court must ensure its policies prohibiting the covered conduct conform to this rule’s minimum requirements.

  The rule's wording

  Each court must ensure that its policies prohibiting harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification conform with the minimum requirements stated in this rule.

• A prohibition against harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification by judicial officers, managers, supervisors, employees, other personnel, and other individuals with whom employees come into contact;

• A list of all protected classifications under applicable state and federal laws, including all protected classifications listed in Government Code section 12940(a);

• Definitions and a nonexhaustive list of examples of harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification;

• A clear prohibition of retaliation against anyone making a complaint or participating in an investigation of harassment, discrimination, retaliation, or inappropriate workplace conduct based on a protected classification; and

• Comprehensive complaint reporting, intake, investigatory, and follow-up processes.

• Each court must adopt a process for employees to report complaints of harassment, discrimination, retaliation, and inappropriate workplace conduct based on a protected classification.

• Establish effective open-door policies and procedures for reporting complaints;

• Offer multiple avenues for raising complaints, either orally or in writing, and not require that the employee bring concerns to an immediate supervisor;

• Clearly identify individuals to whom complaints may be made regarding the conduct of administrative presiding justices, appellate court clerk/executive officers, presiding judges, court executive officers, judicial officers, and court management;

• Each court’s employee complaint-reporting process must identify the listed agencies as additional complaint avenues and provide their contact information.

  The rule's wording

  Identify the Commission on Judicial Performance, California Department of Fair Employment and Housing, and U.S. Equal Employment Opportunity Commission as additional avenues for employees to lodge complaints, and provide contact information for those entities;

• Each court’s employee complaint-reporting process must instruct supervisors, managers, and directors with knowledge of covered conduct to report it to an identified appropriate recipient who is not involved in the conduct or named in the complaint.

  The rule's wording

  Instruct supervisors, managers, and directors with knowledge of harassment, discrimination, retaliation, or inappropriate workplace conduct based on a protected classification to report this information to the administrative presiding justice or an appellate court clerk/executive officer, a presiding judge, a court executive officer, human resources, or another appropriate judicial officer who is not involved with the conduct or named in the complaint.

• Each court must develop processes to intake, investigate, and respond to complaints or known instances of the covered conduct.

  The rule's wording

  Each court must develop processes to intake, investigate, and respond to complaints or known instances of harassment, discrimination, retaliation, or inappropriate workplace conduct based on a protected classification.

• Appropriate reassurances to complainants that their confidentiality in making a complaint will be preserved to the extent possible, including an explanation that disclosure of information will be limited to the extent consistent with conducting a fair, effective, and thorough investigation;

• Fair, timely, and thorough investigations of complaints that provide all parties with appropriate consideration and an opportunity to be heard.

• These investigations should be conducted by impartial, qualified investigators;

• Communication with complainants throughout the investigation process, including initial acknowledgment of complaints, follow-up communication as appropriate, and communication at the end of the process;

• Consideration of appropriate options for remedial action and resolution based on the evidence collected in the investigation; and

• Timely case closures.