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Judicial Merit Rules DATE ADOPTED: March 1, 2002 RULE: Discrimination and Harassment DATE AMENDED: October 10, 2014 RULE NUMBER: 16 DATE AMENDED: November 5, 2018

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Judicial Merit Rules DATE ADOPTED: March 1, 2002 RULE: Discrimination and Harassment DATE AMENDED: October 10, 2014 RULE NUMBER: 16 DATE AMENDED: November 5, 2018 DEPARTMENT: Superior Court DIVISION: ALL Adult Probation Dept. Juvenile Court Clerk of Superior Court RULE NAME: Judicial Merit Rules DATE ADOPTED: March 1, 2002 RULE: Discrimination and Harassment DATE AMENDED: October 10, 2014 RULE NUMBER: 16 DATE AMENDED: November 5, 2018 RULE 16 - DISCRIMINATION AND HARASSMENT 16.01 Nondiscrimination The Court shall not discriminate or retaliate against an individual in violation of A.R.S. § 41-1461, et seq., or in violation of any federal law. 16.02 Purpose The Court strives to create and maintain a work environment in which people are treated with dignity, decency and respect. The environment of the Courts should be characterized by mutual trust and the absence of intimidation, oppression and exploitation. The Courts will not tolerate unlawful discrimination or harassment of any kind. Through enforcement of this policy and by education of employees, the Court will seek to prevent, correct and discipline behavior that violates this policy. All employees, regardless of their positions, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. Appropriate disciplinary action will be taken against any employee who violates this policy. Based on the seriousness of the offense, disciplinary action may include verbal or written reprimand, suspension, or termination of employment. Managers and Supervisors who knowingly allow or tolerate discrimination, harassment or retaliation, including the failure to immediately report such misconduct to court human resources, are in violation of this policy and subject to discipline. 16.03 Discrimination It is in violation of the Court’s policy to discriminate in the provisions of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, national origin, ethnicity, age, religion, disability status, sex, gender, sexual orientation, gender identity, genetic information, marital status, socioeconomic status, political affiliation or veteran’s status. Discrimination on the basis of a protected category, as enumerated in this policy, may also be strictly prohibited by a variety of federal, state and local laws, including Title VII of the Civil Rights Act 1964, the Age Discrimination Act of 1975, and the Americans with Disabilities Act of 1990. This policy is intended to comply with the prohibitions stated in these anti-discrimination laws. Discrimination in violation of this policy will be subject to disciplinary measures up to and including termination. 16.04 Harassment The Court prohibits harassment of any kind, including sexual harassment, and will take appropriate and immediate action in response to complaints or knowledge of violations of this policy. For purposes of this policy, harassment is any verbal, nonverbal, or physical conduct designed to threaten, intimidate or coerce an employee, co-worker, or any person working for or on behalf of the Courts. The following examples of harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy. Verbal harassment includes comments that are offensive or unwelcomed regarding a person’s national origin, race, color, religion, sex, gender, sexual orientation, age, body, disability or appearance, including epithets, slurs and negative stereotyping. Nonverbal harassment includes distribution, display or discussion of any written or graphic material that ridicules, denigrates, insults, belittles or shows hostility, aversion or disrespect toward an individual or group because of national origin, race, color, religion, age, sex, gender, sexual orientation, pregnancy, appearance, disability, sexual identity, marital status or other protected status. 16.05 Sexual Harassment Sexual harassment is a form of unlawful employment discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under the Court’s anti-harassment policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or any form of communication of a sexual nature when: Submission to that conduct or communication is made an explicit or implicit term or condition of obtaining or continuing employment. Submission to or rejection of that conduct or communication by an individual is used as a basis for an employment decision affecting that individual. The conduct or communication has the purpose of effect of unreasonably interfering with an employee’s work performance or creates an intimidating, hostile or offensive environment. Sexual harassment may take different forms. The following examples of sexual harassment are intended to be guidelines and are not exclusive when determining whether there has been a violation of this policy. Verbal sexual harassment includes innuendos, suggestive comments, jokes of a sexual nature, sexual propositions, lewd remarks and threats; requests for any type of sexual favor (this includes repeated, unwelcome requests for dates); and verbal abuse or “kidding” that is oriented toward a prohibitive form of harassment, including that which is sexual in nature and unwelcome. Nonverbal sexual harassment includes the distribution, display or discussion of any written or graphic material, including calendars, posters and cartoons that are sexually suggestive or show hostility toward an individual or group because of sex; suggestive or insulting sounds; leering; staring; whistling; obscene gestures; content in letters, notes, facsimiles, e-mails, photos, text messages, tweets and internet postings; or other forms of communication that are sexual in nature and offensive. Physical sexual harassment includes unwelcome, unwanted physical contact, including touching, tickling, pinching, patting, brushing up against, hugging, cornering, kissing, fondling, and forced sexual intercourse or assault. Courteous, mutually respectful, pleasant, noncoercive interactions between employees that are appropriate in the workplace and acceptable to and welcome by both are not considered to be harassment, including sexual harassment. 16.06 Workplace Violence The Court provides a safe workplace for all employees. It will not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. This list of behaviors provides examples of conduct that is prohibited: Causing physical injury to another person. Making threatening remarks. Displaying aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress. Intentionally damaging employer property or property of another employee. Possessing a weapon while on company property or while on company business. Committing acts motivated by, or related to, sexual harassment or domestic violence. The Court conducts annual inspections of the premises to evaluate and determine any vulnerabilities to workplace violence or hazards. Any necessary corrective action will be taken to reduce all risks. Although the Court does not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgement and to inform the Court HR in their respective court department if any employee exhibits behavior that could be a sign of a potentially dangerous situation. Such behavior includes: Discussing weapons or bringing them to the workplace. Displaying overt signs of extreme stress, resentment, hostility or anger. Making threatening remarks. Showing sudden or significant deterioration of performance. Displaying irrational or inappropriate behavior. Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. Nonemployees engaged in violent acts on the employer’s premises will be reported to the proper authorities and fully prosecuted. 16.07 Workplace Bullying The Court will not in any instance tolerate bullying behavior. Employees found in violation will be disciplined, up to and including termination. The Court defines bullying as repeated, health-harming mistreatment of one or more people by one or more perpetrators. It is abusive conduct that includes: Threatening, humiliating or intimidating behaviors. Work interference/sabotage that prevents work from getting done. Verbal abuse. Such behavior violates the Court’s Code of Ethics, which clearly states that all employees will be treated with dignity and respect. The Court considers the following types of behavior examples of bullying: Verbal bullying. Slandering, ridiculing or maligning a person or his or her family; persistent name-calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks. Physical bullying. Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault, damage to a person’s work area or property. Gesture bullying. Nonverbal gestures that can convey threatening messages. Exclusion. Socially or physically excluding or disregarding a person in work-related activities. In addition, the following examples may constitute
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