Rule 202. Prohibition Against Discrimination and Harassment.

 (a)  Discrimination and harassment because of race, color, sex, sexual orientation, national origin, age, disability or religion are prohibited. The discrimination and harassment constitute an abuse of authority that will not be tolerated by the UJS. Further, the discrimination and harassment constitute misconduct, warranting appropriate disciplinary action. Judicial officers and managerial and supervisory Personnel of the System shall ensure adherence to, and compliance with, this Policy.

   (1)  Prohibition Against Discrimination. Under this Policy, discrimination includes actions by an individual or organization that cause an individual or a group of individuals to be denigrated or treated less favorably than another person or group because of one’s race, color, sex, sexual orientation, national origin, age, disability or religion. The discriminatory conduct may include, but is not limited to, actions relating to the following:

     (i)   Recruitment and hiring by Personnel of the System or Related Staff; or

     (ii)   Provision of salary, benefits, or other terms or conditions of employment by Personnel of the System or Related Staff; or

     (iii)   Provision of training and other education opportunities by Personnel of the System or Related Staff; or

     (iv)   Promotions, transfers, discharge or other employment actions by Personnel of the System or Related Staff; or

     (v)   Any matter relating to the judicial process by Personnel of the System, Related Staff or attorneys.

   (2)  Prohibition Against Harassment.

     (i)   Sexual Harassment.

 Sexual harassment is sex discrimination. Equal Employment Opportunity Commission (EEOC) guidelines define sexual harassment as unwelcome sexual attention, sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature where:

       (A)   The submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or

       (B)   The submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

       (C)   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.

   (3)  Sexual harassment does not refer to socially acceptable behavior or occasional compliments of a socially acceptable nature. It refers to behavior that a reasonable person could and does consider unwelcome or personally offensive. Sexual harassment involves improper behavior or requests that establish improper quid pro quo workplace requirements of a sexual nature, or which otherwise create a hostile work environment for a reasonable person of that gender. Types of sexual harassment include:

     (i)   ‘‘Quid Pro Quo’’ Harassment—Is when an individual in a position of authority demands sexual consideration in exchange for the promise of a job, certain job benefits such as raises or promotions, or the promise of continued employment.

     (ii)   ‘‘Hostile Work Environment’’ Harassment—Is when unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature create an atmosphere which unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment for any individual.

   (4)  Sexual harassment may take different forms including, but not limited to, the following examples.

     (i)   Verbal: Sexually explicit language, sexual innuendoes, suggestive comments, jokes of a sexual nature, sexual propositions or threats.

     (ii)   Non-Verbal: Display of sexually suggestive objects or pictures, commentaries, suggestive or insulting sounds, leering, whistling, or obscene gestures.

     (iii)   Physical: Unwanted physical contact, or the threat of unwanted physical contact, including offensive touching, unwelcomed sexual intercourse, sexual assault and other forms of physical contact of a sexual nature.

   (5)  Racial and Other Harassment. Under this Policy, racial and other harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of that individual’s race, color, sexual orientation, national origin, age, disability or religion. Harassing conduct may include, but is not limited to, the following:

     (i)   Verbal: Epithets, slurs, stereotyping, or denigrating jokes.

     (ii)   Non-Verbal: Display of written or graphic materials that denigrate or show hostility or aversion toward an individual or group in such a manner as to be readily viewed by others.

     (iii)   Physical: Threatening, intimidating or hostile acts.



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