POLICY ON THE PREVENTION OF SEXUAL HARASSMENT

It is the policy of the Court that all employees have a right to work in an environment free of any form of sexual harassment. Sexual harassment may include a range of behaviors and may involve individuals of the same or different gender. Sexual harassment of any employee by another employee, member of the public, or other person with whom an employee may have contact as part of his or her work environment is prohibited and will not be tolerated. All employees should know of their responsibilities and protection under this policy.

Sexual harassment is strictly prohibited by Title VII of the Civil Rights Act of 1964 as amended; the Louisiana Employment Discrimination Law, R.S. 23:301-303 and 332; and La. R.S. 42:341-345. Every employee has a right to pursue a claim under applicable state or federal law.

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 or the holding of office, (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.

For illustration purposes only, behavior that may violate this policy includes, but is not limited to:

· Verbal: unwelcomed sexual flirtations, advances, propositions, or demands; unwelcomed sexual remarks, teasing, jokes, pranks, innuendo, insults, or inquiries; sexually insensitive or derogatory comments; unwelcomed repeated requests for dates or social engagement; inappropriate comments regarding a person's physical attributes; comments regarding sexual activities, exploits, prowess, or accomplishments; use of vulgar, crude or sexually offensive language, etc.

· Non-Verbal: Gestures of a sexual nature; lustful looks, staring and leering; displaying sexually revealing or suggestive pictures, cartoons, caricatures, drawings, photographs, magazines, books, graffiti, or objects; transmitting sexually oriented emails, texts, letters, writings, communications, and images.

· Physical: Unwelcomed physical contact including kissing, touching, embracing, hugging, massaging, rubbing, groping, tickling, pinching, and patting; invading another's space by cornering, leaning over, or blocking passage; sexual assault, battery, and rape.

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 or for participating in an investigation involving a potential violation of this policy.

Upon receipt of a complaint of sexual harassment, the Court Administrator or Chief Judge shall immediately initiate an investigation. The investigation may include interviewing appropriate persons, examining relevant records, and consulting with and utilizing appropriate staff. The complaining person, the person against whom the complaint was made, and all other employees and members shall participate in and cooperate with the investigation of the complaint, and all findings made during the investigation shall be documented. The Court will thoroughly investigate any allegations of harassment and maintain confidentiality to the extent permitted by law and consistent with a thorough investigation. At the conclusion of the 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. If the results of an investigation indicate that the complainant made an intentionally false complaint of sexual harassment, the complainant shall be subject to disciplinary action, which may include dismissal.

Nothing in this policy prevents the complaining person or the person against whom the complaint was made from pursuing formal, available legal remedies or resolution through local, state, or federal agencies or the courts, regardless of the outcome of the investigation. If a claim of sexual harassment is brought against the Court and it is later determined by the Court, the Office of Risk Management, or other judicial proceeding that sexual harassment has occurred, any individual responsible for the sexual harassment may be liable for all, or a portion of, any settlement, judgment, or other costs incurred in connection with the claim to the fullest extent permitted by La. R.S. 42:354.

In order to ensure that Court employees can work in an environment free of sexual harassment and inappropriate behaviors, employees shall complete a minimum of one hour of education and training on preventing sexual harassment during each calendar year of their employment. Employees shall submit a copy of their certificate of completion of the mandatory education and training to the administrator, who will be responsible for maintaining such records.

ANTI-HARASSMENT POLICY

The 16th Judicial District Court strictly prohibits and does not tolerate unlawful harassment against employees because of race, religion, creed, national origin, ancestry, sex (including pregnancy), gender (including sexual orientation, gender identity, and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, genetic information, past, current, or prospective service in the uniformed services, or any other characteristic protected under applicable federal, state, or local law.

Such harassment often takes a similar form to sexual harassment and includes harassment that is:

· Verbal: such as epithets, derogatory statements, slurs, derogatory comments, or jokes.

· Physical: such as assault or inappropriate physical contact.

· Visual: such as displaying derogatory posters, cartoons, or drawings, or making derogatory gestures.

· Online: such as derogatory statements or sexually suggestive postings in any social media platform including Facebook, X (formerly Twitter), Instagram, Snapchat, etc.

This list is illustrative only, and not exhaustive. No form of harassment will be tolerated.

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 or for participating in an investigation involving a potential violation of this policy.

Upon receipt of a complaint of sexual harassment, the Court Administrator or Chief Judge shall immediately initiate an investigation. The investigation may include interviewing appropriate persons, examining relevant records, and consulting with and utilizing appropriate staff. The complaining person, the person against whom the complaint was made, and all other employees and members shall participate in and cooperate with the investigation of the complaint, and all findings made during the investigation shall be documented. The Court will thoroughly investigate any allegations of harassment and maintain confidentiality to the extent permitted by law and consistent with a thorough investigation. At the conclusion of the 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.

Nothing in this policy prevents the complaining person or the person against whom the complaint was made from pursuing formal, available legal remedies or resolution through local, state, or federal agencies or the courts, regardless of the outcome of the investigation.