Below describes our Employee Code of Conduct.
It is the Policy of the City Court of Crowley to promote a
productive, harassment-free work environment in which the talents of a
diverse work force are valued and respected. City Court of Crowley
(hereinafter referred to as City Court) will not tolerate any form of
discrimination, harassment or intimidation by employees, agents,
vendors, or third parties such as court litigants, defendants, or
witnesses based upon race, color, creed, religion, age, gender, gender
identity, including expression of gender identity (consistent with
applicable law), sexual orientation marital status, domestic
partnership status, pregnancy or pregnancy-related medical condition,
national origin, ancestry, physical or mental disability, citizenship
status, military obligation, veteran’s status, or on any other basis
that is protected under applicable law. Moreover, City Court prohibits
retaliation in any form against any employee who reports or opposes
discrimination or harassment, makes a bona fide complaint under this
policy, or assists in the investigation of a complaint.
Harassment and intimidation include verbal or physical conduct based upon any of the above criteria that unreasonably interferes with another employee’s work performance, creates an intimidating, offensive, or hostile environment, or otherwise adversely affects the employment opportunities for employees. All City Court employees are expected to conduct themselves professionally, to respect others in the workplace, and to contribute to a productive work environment that is free from harassing behaviors.
..:: SEXUAL HARASSMENT POLICY ::..
The following policy is presented in compliance with Act 270 of the
2018 Regular Session (effective 1/1/19) of the Louisiana Legislature;
Title VII of the Civil Rights Act of 1964; and Title 29 – Labor, Part
4, Sec. 1604.11, US Code of Federal Regulations.
City Court shall
not tolerate unwelcome sexual advances, requests for sexual favors, or
other verbal, physical or inappropriate conduct of a sexual nature when
the conduct explicitly or implicitly affects an individual’s employment
or the holding of office, unreasonably interferes with an individual’s
work performance, or creates an intimidating, hostile, humiliating or
offensive work environment.
Sexual harassment can involve one or
more incidents and actions, and may be: Physical: unwelcome patting,
pinching, stroking, kissing, hugging, fondling or inappropriate
touching; use of job-related threats or rewards to solicit sexual
favors. Verbal: comments on a worker’s appearance, age, private life,
etc.; sexual comments, stories, or jokes; sexual advances; repeated and
unwanted social invitations for dates or physical intimacy; insults
based on the sex of the victim; condescending or paternalistic remarks;
sending sexually explicit messages by phone or e-mail. Non-verbal:
display of sexually explicit of suggestive material;
sexually-suggestive gestures; whistling; leering; use of job-related
threats or rewards to solicit sexual favors.
Sexual harassment can
occur in a variety of circumstances, including but not limited to the
following examples:
1- Harassment does not have to be of a sexual
nature, and can include offensive remarks about a person’s sex. For
example, it is illegal to harass a woman by making offensive comments
about women in general.
2- Both victim and the harasser can be
either a woman or a man, and the victim and harasser can be of the same
sex.
3- The harasser’s conduct must be unwelcome.
4- The harasser
can be the victim’s supervisor, a supervisor in another area, a
co-worker, or someone who is not an employee of City Court, such as a
vendor, an attorney, litigant, defendant or court witness or other
entity employee.
5- The victim does not have to be the person
harassed but could be anyone affected by the offensive conduct.
6-
Harassment is illegal when it is so frequent or severe that it creates
a hostile or offensive work environment or when it results in an
adverse employment decision, such as the victim being fired or demoted.
However, unlawful sexual harassment may occur without economic injury
to or discharge of the victim.
..:: MANDATORY TRAINING ::..
Per La. R. S.
42:343(A)(1), each public employee shall receive a minimum of one hour of
training on preventing sexual harassment during each full calendar year of
his/her public employment or term of office, as the case may be. Any
person designated by the agency to accept or investigate a complaint of
sexual harassment in the agency shall receive additional education and
training.
..:: FILING A COMPLAINT ::..
The
victim should, if possible, inform the harasser directly that the conduct
is unwelcome and must stop. The
Court acknowledges that sexual harassment may occur in unequal
relationships (i.e., between a supervisor and his/her subordinate), and
that it may not be possible for the victim to inform the alleged harasser.
If the victim cannot directly approach the harasser, he/she can
speak to the Clerk of Court as the staff member designated to receive
complaints of sexual harassment. If
the Clerk of Court is not available, is the focus of the complaint, or if
the victim prefers to report to another person, then the complaint should
be alternatively directed to the Judge of the City Court
..:: PROCESSING A COMPLAINT ::..
When the
designated person receives a complaint of sexual harassment, he/she will:
1- Immediately record the dates, times and facts of the incident(s)
2-
Ascertain the views of the victim as to what outcome he/she is seeking
3- Ensure that the victim understands the Court’s procedures for dealing
with the complaint
4- Discuss and agree on the next steps: either
informal or formal complaint, with the understanding that choosing to
resolve the matter informally does not preclude the victim from pursuing a
formal complaint if he/she is not satisfied with the outcome
5- Keep a
confidential record of all discussions
6- Respect the choice of the
victim.
..:: INFORMAL COMPLAINT ::..
If the victim
wishes to deal with the matter informally, the designated person will:
1- Give an opportunity to the alleged harasser to respond to the complaint
2- Ensure that the alleged harasser understands the complaints mechanism;
is informed that no retaliation against the victim or witnesses will be
tolerated; and that truthfulness and cooperation in the investigation are
required
3- Facilitate discussion between both parties to achieve an
informal resolution which is acceptable to the complainant, or refer the
matter to a designated mediator to be designated by the City Court Judge.
4- Ensure that a confidential record is kept of what transpired
5-
Follow up after the outcome of the complaints mechanism to ensure that the
behavior has stopped
6- Ensure that the process is done as quickly as
possible, and in any event within 24 hours of the complaint being made.
..:: FORMAL COMPLAINT ::..
If the victim wants
to make a formal complaint, or if the informal complaint has not led to a
satisfactory outcome for the victim, the formal complaint mechanism should
be used to resolve the matter. The Clerk of Court may deal with the matter
him/herself or refer the matter to an external investigator, in accordance
with this policy.
The person carrying out the investigation will:
1-
Interview the victim and the alleged harasser separately
2- Interview
other relevant third parties separately
3- Decide whether or not the
incident(s) of sexual harassment took place
4- Produce a report
detailing the investigations, findings and any recommendations
5- If
the harassment took place, decide what the appropriate remedy is for the
victim, in consultation with the victim (i.e., an apology, a change in
working arrangements, a promotion if the victim was demoted as a result of
the harassment, training for the harasser, discipline, suspension or
dismissal)
6- Follow up to ensure that the recommendations are
implemented, that the behavior has stopped and that the victim is
satisfied with the outcome
7- If it cannot be determined if he
harassment took place, the designated person may still make
recommendations to ensure proper functioning of the workplace
8- Keep a
record of all actions taken
9- Ensure that all records concerning the
matter are kept confidential
10- Ensure that all process is done as
quickly as possible, and in any event within 24 hours of the complaint
being made.
..:: RETALIATION PROHIBITED ::..
City Court
prohibits any form of retaliation against any employee for making a bona
fide complaint under this policy or for assisting in the investigation of
a complaint. Any form of retaliation against such individuals will result
in appropriate disciplinary action up to and including termination of
employment. However, if after investigating any complaint of harassment or
discrimination, City Court determines that the complaint is not bona fide
and was not made in good faith or that an employee has provided false
information regarding a complaint, disciplinary action may be taken
against the individual who made the complaint or who gave the false
information.
..:: SANCTIONS AND DISCIPLINARY MEASURES ::..
Anyone who has been found to have sexually harassed another person under
the terms of this policy is liable to any of the following sanctions:
1- Verbal or written warning
2- Adverse performance evaluation
3-
Reduction in wages
4- Demotion
5- Suspension, with or without pay
6- Termination
..:: IMPLEMENTATION OF POLICY ::..
The Court
will ensure that this policy is disseminated to all employees. All new
employees must be trained on the content of this policy as part of their
induction as a Court employee. It is the responsibility of the Clerk of
Court to ensure that all Court employees are made aware of this policy.
..:: ANNUAL REPORTING ::..
In accordance with
La. R. S. 42:341-345, the Clerk of Court shall file an Annual Report at
the end of each year containing information from that calendar year
regarding City Court’s compliance with the requirements of this policy,
including the number and percentage of employees of the Court who have
completed the training requirements, the number of sexual harassment
complaints, if any, received that year, the number of complaints, if any,
which resulted in a finding that sexual harassment occurred, the number of
complaints in which the finding of sexual harassment resulted in
discipline or corrective action, and the amount of time it took to resolve
each complaint. These reports shall be public record and available to the
public in the manner provided by the Public Records Law. This report shall
be submitted to the Chief Justice of the Louisiana Supreme Court.
The
Clerk of Court shall ensure that this Policy and its Complaint Procedure
is prominently posted on its website and in a conspicuous location at the
Court.
Thus Done and Signed on this ____ day of December, 2018, to
take effect on the 1st day of January, 2019.
______________________
Marie B. Trahan
City Court of Crowley, Judge