NEW JERSEY JUDICIARY
DIRECTIVE #5-04
EEO COMPLAINT
PROCEDURES MANUAL
REPORTING AND HANDLING COMPLAINTS OF
DISCRIMINATION OR HARASSMENT IN THE JUDICIARY
APPROVED BY THE SUPREME COURT
APRIL 27, 2004
(Updated January 17, 2018)
1
EEO COMPLAINT PROCEDURES MANUAL
Reporting and Handling Complaints of Discrimination
or Harassment in the Judiciary
ABOUT THIS MANUAL
As a matter of longstanding policy, the New Jersey Judiciary prohibits discrimination against employees and
members of the public, as well as harassment and the creation of a hostile work environment, based on race, creed,
color, national origin, ancestry, sex, age, religion, disability, sexual orientation, and other factors fully described in
the Judiciary’s Policy Statement on Equal Employment Opportunity, Affirmative Action and Anti-Discrimination.
This Manual provides a mechanism for assuring the implementation of the principles of the Policy Statement, by
investigating complaints of violations of that policy and remedying any violations that may be found to exist.
For whom is this Manual intended? The Complaint Procedures Manual is designed to provide guidance for the
Judiciary’s appointing authorities, managers, supervisors, legal staff and Human Resources managers, as well as
Equal Employment Opportunity (EEO) Investigators, EEO/AA Officers and EEO staff. As a comprehensive
reference tool, the Manual is not intended to meet the ordinary needs of individual employees (although there is
nothing confidential about the Manual, and employees are welcome to review it if they desire to do so). An
abbreviated, plain-language brochure is separately available to provide employees or other interested individuals
with an outline of the complaint procedure and guidance on how they can use it.
Against whom may a complaint be filed? This Manual provides procedures for filing complaints against managers,
supervisors, employees, and agents of the New Jersey Judiciary (excluding the municipal courts) who are alleged to
have violated provisions of the Policy Statement. The Manual also provides procedures for filing complaints against
judges, although the procedure for investigating and resolving such complaints may differ.
Who may file a complaint? A complaint may be filed by any Judiciary employee, applicant for employment, court
user, volunteer, attorney, litigant, witness, vendor, contractor, or other person who comes into contact with the court
system who believes that a violation of the Policy Statement has occurred.
The procedures outlined in this Manual supersede any other EEO/AA complaint procedures that were in use prior
to its approval.
FOR FURTHER INFORMATION CONTACT
Chief Judiciary EEO/AA Officer
Equal Employment Opportunity/Affirmative Action Unit
Administrative Office of the Courts
Richard J. Hughes Justice Complex, 3
rd
Floor
Trenton NJ 08625
(609) 815-2915
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3
Person files complaint
Is it?
EEO Officer
Supervisor
(or other)
Oral Written
Consult
Resolution?
Documentation
and out
or
EEO Officer
Assistance?
Attempt to
resolve
Resolution?
Yes
Written Complaint to
Chief of EEO/AA
Chief assigns to investigator
and
Serve copies on complainant, respondent,
other parties
Determination by
AJ / TCA / Senior Manager
No
Continued
on next
page
Vicinage Action
or
EEO Discrimination Complaint Procedures Flow Chart
Part 1 - Complaint to Determination
Investigator submits report and
recommendations to AJ / TCA / Senior
Manager
Draft report to EEO/
AA Chief to review
Investigation
Yes
No
No
Yes
Documentation
and out
4
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INTENTIONALLY BLANK
5
Determination by AJ / TCA / Senior
Manager
Is complaint
Meritorious?
Determination
against
respondent
Appeal filed
with Director?
No
Yes
Is appeal
Meritorious?
Documentation
and out
No
Remedy for
complainant
Respondent
appeal to
Director?
Is appeal
Meritorious?
Yes
Return to AJ / TCA /
Senior Manager for
further action
Yes
EEO Discrimination Complaint Procedures Flow Chart
Part II - Appeals
No
Continued
Documentation
and out
Documentation
and out
Documentation
and out
Documentation
and out
Yes
No
No
Yes
6
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TABLE OF CONTENTS
ABOUT THIS MANUAL ....................................................................................................1
COMPLAINT PROCEDURES FLOW CHART ..............................................................3
TABLE OF CONTENTS .....................................................................................................7
I. POLICY ............................................................................................................................... 9
II. TERMS AND DEFINITIONS (as used in this manual): ................................................ 9
III. RESPONSIBILITY FOR IMPLEMENTATION OF THE POLICY STATEMENT 11
A. Chief Judiciary Equal Employment Opportunity/Affirmative Action Officer . 11
B. Appointing Authority (Administrative Director and Assignment Judges) ....... 11
C. Managers and Supervisors...................................................................................... 11
D. Vicinage EEO/AA Officers and EEO Investigators ............................................. 11
IV. EEO COMPLAINT PROCEDURE: REPORTING AND FILING COMPLAINTS 12
A. Who May File a Complaint ..................................................................................... 13
B. Time for Filing Complaints .................................................................................... 13
C. Pre-filing Assistance and Screening ....................................................................... 13
D. Preparing and Filing the Complaint ..................................................................... 15
E. Complaint Review, Filing and Processing ............................................................. 17
V. EEO COMPLAINT PROCEDURE – INVESTIGATION ........................................... 18
A. Scope of Investigation .............................................................................................. 18
B. Statements ................................................................................................................ 18
C. Interviewing Complainant ...................................................................................... 19
D. Interviewing Other Witnesses ................................................................................ 19
E. Interviewing the Respondent .................................................................................. 19
F. Keeping the Parties Advised ................................................................................... 19
VI. EEO COMPLAINT PROCEDURE: FINAL INVESTIGATION REPORT AND FINAL
DETERMINATION ......................................................................................................... 20
A. Final Investigation Report ...................................................................................... 20
B. Final Determination ................................................................................................ 21
VII. COMPLAINTS AGAINST JUDGES ............................................................................. 22
VIII. COMPLAINTS INVOLVING MUNICIPAL COURTS ............................................... 22
IX. REMEDIAL ACTION ...................................................................................................... 23
X. APPEAL TO THE ADMINISTRATIVE DIRECTOR ................................................. 24
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XI. CONFIDENTIALITY ...................................................................................................... 24
A. During the Investigation ......................................................................................... 24
B. Investigation Report ................................................................................................ 25
C. Authorization for Release or Disclosure ................................................................ 25
XII. PROHIBITION AGAINST RETALIATION ................................................................ 26
XIII. OTHER COMPLAINT PROCEDURES ........................................................................ 26
XIV. RIGHT TO BE REPRESENTED .................................................................................... 26
XV. MONITORING ................................................................................................................. 26
APPENDICES
A. Judiciary Policy Statement on Equal Employment Opportunity, Affirmative Action
and Anti-Discrimination.
B. Discrimination/Sexual Harassment Contact Reporting Form (for use by EEO/AA
Officers).
C. Discrimination/Sexual Harassment/ Retaliation Complaint Form.
D. Sample Letters (1) Acknowledging Receipt of Written Complaint and Assigning
Investigator and (2) Informing Respondent of the Filing of a Complaint and
Investigator Assignment.
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NEW JERSEY JUDICIARY
PROCEDURES FOR REPORTING AND HANDLING COMPLAINTS OF
DISCRIMINATION OR HARASSMENT IN THE JUDICIARY
1
I. POLICY
As a matter of longstanding policy, the New Jersey Judiciary prohibits discrimination
against employees and members of the public, as well as harassment and the creation of a
hostile work environment, based on race, creed, color, national origin/nationality,
ancestry, religion/religious practices or observances, age, sex, pregnancy or
breastfeeding, gender identity or expression, affectional or sexual orientation, marital
status, civil union status, domestic partnership status, disability or perceived disability,
atypical hereditary cellular or blood trait, genetic information, status as a veteran or
disabled veteran of, or liability for service in, the Armed Forces of the United States, and
other factors fully described in the Judiciary’s Policy Statement on Equal Employment
Opportunity, Affirmative Action and Anti-Discrimination. The Policy Statement also
protects employees and members of the public from retaliation for asserting their rights
under the policy. The full Policy Statement is contained in the Equal Employment
Opportunity/ Affirmative Action Master Plan approved by the Supreme Court in May
2000, as modified on April 27, 2004. It is prominently posted in courthouses and
Judiciary workplaces throughout the state, and is attached to this document as Appendix
A.
The purpose of the Judiciary complaint and investigation procedure is to remedy
promptly the effects of discrimination or harassment that may have occurred, and to
prevent the recurrence of improper conduct by any employee or agent of the Judiciary.
Managers and supervisors who are informed of or become aware of possible harassment
or discrimination must consult with the appropriate EEO/AA Officer and, if warranted,
take interim remedial action.
II. TERMS AND DEFINITIONS (as used in this manual):
Administrative Office of the Courts (AOC) – Those areas of the central office under the
supervision of the Administrative Director of the Courts, Rule 1:33-3.
Agent – As used in this Manual, an agent is someone who is authorized to act for or on
behalf of the Judiciary, and may include contractors or vendors, depending on the
circumstances. The term is to be interpreted in accordance with the laws of the State of
New Jersey.
Appeal Rights – See Section X, below.
1
These Procedures are intended to provide general guidance for processing discrimination complaints under most
circumstances. If circumstances so necessitate, however, the Judiciary may deviate from this policy in the
investigation and processing of such complaints.
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Appointing Authority – The person having formal power of appointment or removal. See
N.J.A.C. 4A:1-1.3. For Vicinage employees, the Assignment Judge is the appointing
authority. For most positions in the central office, the Administrative Director is the
appointing authority.
Central Office – The offices located in or attached to the Richard J. Hughes Justice
Complex in Trenton, including the Administrative Office of the Courts; the offices of the
Clerks of the Supreme Court, Appellate Division and Superior Court and the Tax Court
Administrator; the dedicated funds offices (Office of Attorney Ethics; Office of Board
Counsel, Disciplinary Review Board; Lawyers Fund for Client Protection); and related
units.
Complaining Party (Complainant) – A person who files a complaint of discrimination or
harassment in violation of the Judiciary’s Policy Statement.
Complaint or Charge – An allegation of discrimination or harassment.
Employee – For purposes of this manual, “employee” means any person employed by the
Judicial Branch of New Jersey’s state government, including Justices, judges, executives,
managers, supervisors and all other members of the Judiciary workforce, including
volunteers.
EEO/AA Officer – For the central office, the EEO/AA Officer is the Chief Judiciary
EEO/AA Officer in the Administrative Office of the Courts. For the vicinages, the
official referred to as the EEO/AA Officer is the vicinage EEO/AA Officer or designee.
EEO Investigator – One of several investigators on the AOC staff who travel to Judiciary
locations around the state to conduct investigations into written EEO/AA complaints.
Respondent – An individual against whom a complaint or allegation of discrimination or
harassment has been filed.
Senior Manager – Senior managers are responsible for issuing final determinations in
response to complaints of discrimination covered by this Manual. For purposes of this
policy, in the Vicinages the senior managers are the Assignment Judge and the Trial
Court Administrator. In the central office, the term Senior Manager refers to the Deputy
Administrative Director, an AOC Director, or the Clerk of the Supreme Court, Appellate
Division, or Superior Court, or the Administrator of the Tax Court. For purposes of this
policy, the Clerk of the Supreme Court will function as the senior manager for the Office
of DRB Counsel, the Office of Attorney Ethics, and the Lawyers Fund for Client
Protection.
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III. RESPONSIBILITY FOR IMPLEMENTATION OF THE POLICY STATEMENT
A. Chief Judiciary Equal Employment Opportunity/Affirmative Action Officer
Under the provisions of the Judiciary’s Equal Employment
Opportunity/Affirmative Action Master Plan, the Chief Judiciary EEO/AA Officer
position is established within the Administrative Office of the Courts (AOC) for
the purpose of developing, implementing and administering an equal employment
opportunity and affirmative action program for all employees and applicants for
employment within the Central Office (including the AOC and offices of Clerks
of Court) and the Vicinages. The Chief Judiciary EEO/AA Officer ensures
compliance with all Judiciary policies, laws and rules relating to equal
employment opportunity and affirmative action and is responsible for reviewing
all discrimination complaints under the New Jersey Law Against Discrimination
(LAD) and other laws applicable to Judiciary employees. The Chief Judiciary
EEO/AA Officer fulfills these responsibilities by evaluating trends, monitoring
compliance, managing EEO investigators, interceding in the complaint and
investigation process when necessary, and making recommendations for policy
changes.
The Chief Judiciary EEO/AA Officer ensures that the purposes of the Judiciary’s
policies are implemented by providing policy direction, support and guidance to
the Vicinages’ EEO/AA Officers.
B. Appointing Authority (Administrative Director and Assignment Judges)
The appointing authority and their designees have an obligation to establish and
maintain a workplace environment that is free from discrimination or harassment.
Each appointing authority shall:
1. Ensure equal opportunity for all employees and applicants;
2. Implement the Equal Opportunity/Affirmative Action Master Plan and
Policy Statement within his/her area of responsibility;
3. Appoint a qualified EEO/AA Officer to perform the functions specified
herein.
C. Managers and Supervisors
Managers and supervisors shall ensure that the Judiciary’s EEO/AA Policy
Statement is implemented and that employees are aware of these policies and
procedures.
D. Vicinage EEO/AA Officers and EEO Investigators
The individuals charged with receiving and investigating EEO complaints should
be impartial and neutral fact finders specifically trained to receive and investigate
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allegations of all types of discrimination/harassment in accordance with the
procedures outlined herein. They shall:
1. Maintain confidentiality to the greatest extent possible in all cases (see
Sections IV.B.3 and XI);
2. Record complaints and maintain the information in a secured, confidential
complaint log for reference and tracking purposes;
3. Conduct thorough, fair and expeditious investigations; and
prepare written investigative reports containing findings and conclusions.
(see Sec. VI.A).
4. Recuse themselves from participation in a case when there is a conflict of
interest.
IV. EEO COMPLAINT PROCEDURE: REPORTING AND FILING COMPLAINTS
2
This procedure provides guidelines for individuals who feel that their rights protected by
the Policy Statement have been violated. There are a number of different approaches that
individuals may take to invoke the protections of the Policy Statement.
Complaints may be brought to any manager or supervisor of the Judiciary at any time,
orally or in writing, but should be filed as soon as possible after the alleged misconduct.
Managers and supervisors who receive such complaints must immediately report them to
the EEO/AA Officer (see below) and, if warranted, should take interim remedial action.
The manager/supervisor’s contact with the EEO/AA Officer is an essential step in the
process for two reasons. First, the EEO/AA Officer will provide consultation to assure
that any response or remedial action taken is suited to the circumstances, assess whether
the matter can be handled without a detailed investigation, and ensure that the complaint
is resolved as expeditiously as possible. Second, the EEO/AA Officer is responsible for
keeping a record of complaints and their disposition. Thus, the response to a complaint
brought to a manager/supervisor is to be handled in collaboration with the EEO/AA
Officer. In all cases, the manager/supervisor/EEO/AA Officer is to inform the
Complainant of the steps that will be taken to address his/her complaint.
While individuals may look to managers/supervisors to address complaints of violations
of the Policy Statement, they also have a right to contact and/or file a complaint directly
with the EEO/AA Officer at any time.
The same procedure applies in both the vicinages and in the central office. For the central
office, the official named below as the EEO/AA Officer refers to the Chief Judiciary
EEO/AA Officer in the Administrative Office of the Courts. For the vicinages, the
official named below as the EEO/AA Officer means the vicinage EEO/AA Officer or
2
The procedure described here covers complaints filed within a vicinage or the central office involving only
Judiciary staff. Complaints may also be filed against Judiciary vendors, contractors, suppliers, etc. and may involve
more than one vicinage or office. Questions concerning such complaints should be discussed with the Chief
Judiciary EEO/AA Officer in the AOC, who will provide guidance as to the proper procedure to follow to initiate an
investigation.
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designee, but vicinage complainants may also seek advice or file a complaint directly
with the Chief Judiciary EEO/AA Officer.
As noted above, when a Judiciary manager or supervisor becomes aware of alleged
discriminatory conduct, he or she must take appropriate action. Judiciary
managers/supervisors are expected to be receptive and responsive to all complaints, to
cooperate in investigations, and to resolve complaints promptly by remedying the effects
of any discrimination, harassment or hostile work environment that may have arisen, and
to ensure that the discriminatory conduct is not repeated. The confidentiality
requirements of Section XI must be observed by managers and supervisors when acting
on EEO matters.
A. Who May File a Complaint
A complaint may be filed by any Judiciary employee, applicant for employment,
court user, volunteer, attorney, litigant, witness, vendor, contractor, or other
person who comes into contact with the court system who believes that a
violation of the Policy Statement has occurred.
B. Time for Filing Complaints
1. Complaints may be filed at any time, but it is desirable to file a complaint
as soon as possible after the alleged misconduct. The prompt filing of
complaints ensures that the investigation can be completed while
witnesses memories are still fresh and that any improper conduct can be
promptly and effectively remedied. While there are no hard and fast time
limits for filing complaints under this procedure, complainants should be
aware that complaints filed under State and Federal statutes do have firm
time limits and must be filed within 180 (State) or 300 (Federal) days of
the unlawful discrimination (see Section XIII, “Other Complaint
Procedures”).
2. Depending on the circumstances, the Judiciary may conclude that it is
inappropriate to address complaints filed after a period that would
prejudice the fairness of the investigation or render any remedy
meaningless.
Nevertheless, the Judiciary may consider evidence, regardless of its age,
that sheds light on the discriminatory motivation of current conduct.
C. Pre-filing Assistance and Screening
If the complainant is comfortable doing so, he or she is encouraged to inform the
person who engaged in allegedly improper conduct either directly or through a
third party. He or she is also encouraged to bring the problem to the attention of
his or her immediate supervisor, which may have the quickest results.
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Complainants are not, however, required to bring a complaint to the manager or
supervisor who is the subject of the complaint.
If the complainant chooses not to pursue the problem with his or her manager or
supervisor, then he or she should report the problem directly to the EEO/AA
Officer either orally or in writing. The EEO/AA Officer will first discuss the
matter confidentially and informally with the complainant and discuss his or her
options.
The EEO/AA Officer will keep a record of all contacts relating to complaints by
completing all of the information required on the attached Discrimination/Sexual
Harassment Contact Reporting Form (Appendix B). The Vicinage EEO/AA
Officer should submit this contact reporting form to the AJ/TCA and Judiciary’s
Chief Judiciary EEO/AA Officer in the AOC on a quarterly basis.
The EEO/AA Officer will conduct a preliminary inquiry to determine whether the
matter is one encompassed by the Policy Statement. This preliminary inquiry may
take one of several paths.
1. Matter not covered by Policy Statement. If the preliminary inquiry
discloses that the problem is not covered by the Policy Statement, then the
EEO/AA Officer may so advise the complainant, who may make a
decision not to pursue the matter further. The complainant always retains
the option to pursue the matter further by filing a written complaint.
2. Informal resolution. The preliminary inquiry may show that there is an
opportunity to resolve the complaint informally, and to assure that any
necessary and appropriate remedial action is taken immediately. The
object should be to provide prompt relief for any meritorious complaint.
In this preliminary stage, the EEO/AA Officer should seek to understand
the exact nature of the complaint and explore steps that can be taken by
management or by one or both parties to remedy the complaint as
expeditiously as possible. Such a resolution may result in the
complainant’s decision – at his or her sole discretion – not to pursue the
matter further. If the complaint raises an issue that may be remedied by
some other office in the Judiciary, then the EEO/AA Officer should make
an appropriate referral.
3. Advising Management. Employees and others should feel free to consult
with the EEO/AA Officer with the understanding that the conversation
will be held in confidence to the extent appropriate. At the same time, it is
the EEO/AA Officer’s responsibility to keep the AJ/TCA or central office
senior manager apprised of alleged violations of the Policy Statement that
come to the EEO/AA Officer’s attention through informal as well as
formal contacts. Such communication enables managers to take immediate
15
remedial action to ensure that improper behavior does not recur.
NOTE: If a complainant decides not to file a written complaint for any reason,
including that the problem has been resolved, then the EEO/AA Officer should
ordinarily confirm that fact by writing to the complainant and advise him or her
that the EEO/AA Officer is available to assist should the complainant decide to
proceed further. If the complainant indicates that he or she does not wish to
receive such a written confirmation, the EEO/AA Officer should honor that
request and simply note the matter in the log. See paragraph 4 immediately below,
however, with respect to the Judiciary’s commitment to remedy any
discrimination or harassment in the workplace.
4. Written complaint filed. If the complaint presents a prima facie case that
cannot be resolved informally, or if the complainant wishes to pursue the
matter for any other reason, then the EEO/AA Officer will provide the
complainant with assistance in completing the Discrimination/Sexual
Harassment/Retaliation Complaint Form (Appendix C).
In every case, the EEO/AA Officer will provide the complainant with full
information concerning the complainant’s rights under the Policy
Statement, the right to file a formal complaint, and the right to pursue the
complaint with State or Federal civil rights agencies. It should be noted
that the Judiciary is committed to the elimination of discrimination,
regardless of whether a complaint is filed. Accordingly, even if the
complainant does not wish to file a written complaint, the Judiciary will
nonetheless investigate all allegations of discrimination or sexual
harassment and take steps to remedy any discrimination or sexual
harassment that may have occurred.
When necessary, the EEO/AA Officer may file a complaint on his or her
own initiative to remedy any discrimination or harassment that has come
to light.
D. Preparing and Filing the Complaint
1. The complainant should fill out a Discrimination/Sexual
Harassment/Retaliation Complaint Form (Appendix C
3
). As the
Complaint form will frame the investigation and guide the further
handling of the investigation, the EEO/AA Officer should provide as
much assistance as possible to assure that the complaint is both concise
and specific, and provides sufficient information to allow the investigator
and parties to know what allegations need to be addressed.
3
The complaint form can also be obtained from the EEO/AA Officer, on the Judiciary Infonet, or at njcourts.gov.
16
Upon request, the EEO/AA Officer should fill out the complaint form, but
must assure that the complainant reads and understands the form before
signing it. Names of witnesses and other supporting evidence should not
be identified or described in the Complaint form.
2. The complaint should include:
a. A description of the alleged harassing or discriminatory activity,
including dates, times and locations;
b. The alleged protected category of the complainant that forms
the basis for the complaint;
c. The harm sustained as a result of the alleged harassment or
discrimination; and
d. The specific relief (i.e., corrective action) requested.
NOTE: It is important to distinguish between the complaint and evidence in
support of the complaint. A copy of the complaint will be provided to the
individual(s) against whom the complaint is directed (see Section IV.C.3,
below). Accordingly, the names of substantiating witnesses and other
supporting evidence should not normally be included in the body of the
complaint or attached thereto. However the EEO/AA Officer providing pre-
filing assistance should obtain from the complainant the names of witnesses and
other supporting evidence (such as documents) that should be considered during
the investigation but that are not to be disclosed to the other parties to the
complaint. These materials shall be treated as confidential and should be
separately transmitted to the investigator.
3. The EEO/AA Officer must sign and date the form, and give a copy to the
complainant. The EEO/AA Officer may attempt to resolve the complaint
informally at the local level. These resolution efforts, as well as the
assessment of the complaint, must be completed within 5 working days of
receipt of the complaint, unless otherwise authorized by the Chief
Judiciary EEO/AA officer or designee.
If the matter cannot be resolved locally within the prescribed 5 days, then
the EEO/AA officer will transmit the complaint to the Chief Judiciary
EEO/AA officer for processing and assignment to an EEO Investigator, if
appropriate.
4. While complainants are encouraged to avail themselves of the assistance
of the EEO/AA Officer, the complainant also retains the right to prepare
and file a complaint without the assistance of the EEO/AA Officer. If a
complaint is prepared without the assistance of the EEO/AA Officer, and
the allegations are lacking in specificity, the EEO/AA Officer should meet
with the complainant to obtain specific information and provide assistance
in drafting the complaint so that it is sufficiently specific to allow for a
17
proper evaluation and investigation as appropriate.
5. To assure that all allegations are addressed, the formal investigation
should begin with the completion of a complaint form. Sometimes, the
EEO/AA Officer may receive an oral complaint or a complaint in the form
of a letter. The EEO/AA Officer may determine that the allegations
received this way warrant a full investigation even if the complainant
declines to complete the complaint form. Thus, even in the absence of a
completed form, allegations that, if proven, would constitute a serious
violation of the Policy Statement may have to be investigated to ascertain
the facts. In such circumstances, the EEO/AA Officer should complete a
complaint form in order to frame the allegations correctly and establish the
parameters of the investigation. The EEO/AA Officer should send the
completed form to the complainant asking that the complainant review
and approve the complaint form. The EEO/AA Officer’s letter should also
state that if the complainant does not respond, then the EEO/AA Officer
will assume that the complaint form accurately reflects the substance of
the complaint. The completed form will then be served on the respondent
and other necessary parties in the same manner as any other complaint and
the form will constitute the basis for the investigation. If the person who
initially raised the allegations objects to being named as the complainant,
the EEO/AA Officer may sign as the complainant in the case.
E. Complaint Review, Filing and Processing
The Chief Judiciary EEO/AA Officer or his designee will review each complaint
to ascertain whether it involves a matter covered by the Judiciary’s Policy
Statement. If necessary, the Chief Judiciary EEO/AA Officer may contact the
complainant to clarify the substance of the complaint and seek to have the
complaint amended.
1. Complaint rejected. If the complaint on its face clearly does not implicate
the Policy Statement, the employee shall be notified by letter as soon as
possible after such determination is made. The determination should
include:
a. An explanation of the reason for declining to investigate the
complaint, e.g., the complaint does not present a claim that is
covered by the Policy Statement;
b. A notification to the complainant of any person or department
that might be able to provide assistance; and
c. The complainant’s right to file an appeal of this determination with
the Administrative Director.
2. Acknowledgement of receipt. If the complaint appears to be covered by the
Policy Statement, the Chief Judiciary EEO/AA Officer should
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acknowledge receipt of the complaint in writing. (See Sample Letter at
Appendix D-1.) The letter shall include:
a. The date on which the complaint was received;
b. The basis of the complaint;
c. The name of the investigator assigned to the case;
d. Notice that retaliation for filing the complaint will not be tolerated;
e. The procedure that will be followed in the investigation;
f. Notice that a copy of the complaint is being provided to the
respondent.
3. Notification of filing of Complaint. A copy of the complaint should be sent
to the respondent(s) with a notification letter (see Sample at Appendix D-
2) containing the same information as the acknowledgement letter
described above.
If the written complaint involves a respondent from a Vicinage, a copy of
the complaint and notification letter will be sent to the Assignment Judge,
4
Trial Court Administrator, and local EEO/AA Officer. In the central
office, the copy of the notification letter and complaint will be sent to the
Administrative Director, Director, Assistant Director and/or appropriate
clerk of court in whose area the complaint arose. The notification letter
should enclose a copy of the complaint. The parties to a complaint will be
notified of the filing of amended complaints in the same manner as the
original complaint.
V. EEO COMPLAINT PROCEDURE – INVESTIGATION
A. Scope of Investigation
The scope of the investigation should be limited to the allegations of the
complaint and matters relating thereto. In the event the investigation indicates that
violations not encompassed by the complaint may have been committed, the
Investigator should assist the complainant in filing appropriate amendments or a
new complaint. A comprehensive investigation should be sufficient to determine
both the validity of the complaint and the scope of any necessary remedy.
B. Statements
During the investigation, the Investigator will draft a statement, in the first
person, for the review and approval of the complainant, the respondent and each
other witness interviewed. The statement should be presented to the witness for
4
If the complaint is filed against a judge, a copy of the complaint should also be sent to the Administrative Director
as well as to the Chief Judiciary EEO/AA Officer.
19
signature at the conclusion of the interview or as soon thereafter as practicable.
The witness should be given the opportunity to make any necessary changes prior
to signing his or her statement, and a copy of the statement should be given to the
witness. The statement should include a recitation of the confidentiality and
retaliation provisions described in Sections XI and XII, below.
C. Interviewing Complainant
The complainant will generally be the first individual interviewed in the
investigation, in order to document the full scope of the complaint. The
complainant will be expected to identify all witnesses to the allegedly improper
conduct or individuals who may have information bearing on the resolution of the
complaint.
During the interview with the complainant, the harm sustained by the complainant
and the remedy sought should be ascertained. The investigator should obtain
specific facts pertinent to the discrimination claim, including dates, places and
witnesses. The complainant’s statement should not simply repeat the contents of
the complaint, but should be self-contained and provide specific details in support
of the complaint.
D. Interviewing Other Witnesses
The investigator will interview any ancillary and corroborating witnesses. Copies
of relevant documentary evidence should also be assembled. Supplemental
interviews may be necessary if the investigation discloses a matter that was not
known at the time of the initial interview. Relevant witnesses named by the
complainant and the respondent should normally be interviewed, as well as other
employees with knowledge of the events in question. It is the responsibility of the
Investigator to take all steps necessary to ascertain the truth of the allegations
contained in the complaint. The Investigator should exhaust all lines of pertinent
inquiry, whether or not they are within the control of, or are suggested by, the
complainant.
E. Interviewing the Respondent
Respondents should be interviewed in the same manner as all other witnesses and
given a full opportunity to provide testimony concerning all relevant allegations.
The Investigator shall prepare the respondent’s statement in the same manner as
that of any other witness.
F. Keeping the Parties Advised
During the investigation, the investigator should periodically advise the parties
(complainant, respondent, senior manager) as to the progress and timing of the
investigation.
20
VI. EEO COMPLAINT PROCEDURE: FINAL INVESTIGATION REPORT AND
FINAL DETERMINATION
A. Final Investigation Report
Within 100 days of the initial filing of the written complaint with the EEO/AA
officer, the Investigator shall issue a written report containing findings,
conclusions, and recommendations to the Assignment Judge/TCA or to the central
office senior manager, as appropriate, for disposition. In the event the complaint
is filed against the AJ, TCA or senior manager in the central office, then the
report should be submitted for review and action to an individual designated by
the Administrative Director for that purpose. In the event more time is needed for
the investigation, the Investigator shall provide written notification to the
complainant, AJ/TCA or senior manager, and the EEO/AA Officer.
At a minimum, the Final Investigation Report will contain the following:
1. A summary of the complaint, including:
The date the complaint was filed;
The individual with whom the complaint was filed; and
A summary of issue(s) raised by complainant.
2. A summary of the investigation:
A brief explanation of how the investigation was conducted;
A summary of the statements of the complainant, respondent, and
other witnesses, noting how they support or contradict an
allegation.
3. A summary of the findings, which should include:
A summary and analysis of the evidence (documents and
statements) relevant to the resolution of the complaint;
Determination of credibility in any case where witnesses disagree
as to relevant facts; and
Findings of fact.
4. An analysis of the allegations and facts, which should contain:
A determination of whether the allegations were substantiated; and
A determination of whether the conduct disclosed by the
investigation violated the Policy Statement.
5. Recommended Findings:
21
Based upon the facts and evidence disclosed by the investigation,
the Investigator should make recommended findings and
conclusions as to the merits of the complaint these
recommendations may include a conclusion that the complaint has
merit, that the complaint lacks merit, or that the evidence is
insufficient to make a finding one way or the other.
As noted below, the AJ/TCA or senior manager may adopt, reject
or modify the Investigator’s recommended findings and
conclusions.
6. Appendices – all statements, documents and other evidence assembled
during the course of the investigation.
B. Final Determination
5
The Assignment Judge/TCA or central office senior manager or his or her
designee shall review the investigation report and supporting documentation to
determine if there has been a violation of the Policy Statement and to ensure that
the findings and recommendations are consistent with the information contained
in the investigative material.
1. If the Assignment Judge/TCA or central office senior manager is not
satisfied with any portion of the investigation, he or she may direct that
additional investigation be conducted or may modify the recommended
findings and conclusions.
2. Within fifteen days of receiving the report, the Assignment Judge/TCA or
central office senior manager is responsible for providing written
notification to the complainant and any respondent as to the final
determination on the complaint. A copy of the letter of determination is to
be provided to the Administrative Director, Counsel to the Administrative
Director, the Chief Judiciary EEO/AA Officer in the AOC, and the
Vicinage EEO/AA officer, where applicable.
3. If a violation is found to have occurred, the Assignment Judge or central
office senior manager shall determine the appropriate corrective measures
and immediately remedy the violation (see Section IX, Remedial Action).
4. A final letter of determination should include the following:
A synopsis of the complaint;
A statement as to whether the allegations made were substantiated
5
In the event the complaint is filed against a judge, the final determination will be made by the Administrative
Director.
22
or not;
A statement as to whether the substantiated behavior was in
violation of the Policy Statement;
A statement as to the reasons for the disposition of the complaint.
The determination shall state the conclusion of the investigation
and the material basis for that conclusion with sufficient detail to
permit the complainant and the other parties to the complaint to
understand the basis for the determination, while protecting the
confidentiality of the investigation (see Section XI,
Confidentiality);
A statement that appropriate action will be taken if applicable; and
The parties’ right to appeal the decision of the Assignment
Judge/TCA or central office senior manager, if applicable. (See
Section X).
VII. COMPLAINTS AGAINST JUDGES
The procedures outlined in this Manual may be used or adapted when complaints are
filed against judges alleging violations of the Judiciary’s Policy Statement. When a
complaint is filed naming a judge, a copy of the complaint should be transmitted
immediately to the Administrative Director of the Courts as well as to the Assignment
Judge of the Vicinage where the judge is assigned (or to the Chief Justice, Presiding
Judge for Administration of the Appellate Division or the Presiding Judge of the Tax
Court, as appropriate).
In the event a complaint is filed by a judge, the complaint should be filed with the
Assignment Judge of the Vicinage where the judge is assigned, or with the Chief Justice,
Presiding Judge for Administration of the Appellate Division or the Presiding Judge of
the Tax Court, as appropriate. If a judge’s complaint names the Assignment Judge or the
respective presiding judge, then the complaint should be filed with the Administrative
Director.
In each case, the Administrative Director will determine whether to refer the complaint
for investigation according to these procedures, to refer it to the Advisory Committee on
Judicial Conduct (ACJC), to proceed with a combination of these two procedures, or to
follow some other appropriate course. It should be remembered in this context that the
focus of the EEO/AA complaint and investigation procedure is remedial. This does not in
any way diminish the disciplinary authority of the Advisory Committee on Judicial
Conduct over any judge in appropriate circumstances.
In all cases involving judges, the Final Determination (Section VI.B) will be issued by
the Administrative Director, whose decision will be final.
VIII. COMPLAINTS INVOLVING MUNICIPAL COURTS
While the Judiciary’s Policy Statement is applicable throughout the Judiciary, including
23
in the Municipal Courts, the complaint and investigation procedures set forth in this
Manual are applicable only to the Superior Court, Tax Court, Appellate Division and
Supreme Court and their ancillary units. The responsibility to investigate alleged
violations of the Policy Statement in the Municipal courts and take appropriate remedial
action rests with the municipal officials. Upon request, however, the Administrative
Director may make the investigation procedures and staff described in this Manual
available to a municipality.
It should be remembered in this context that the focus of the EEO/AA complaint and
investigation procedure is remedial. This does not in any way diminish the disciplinary
authority of the Advisory Committee on Judicial Conduct over Municipal Court judges in
appropriate circumstances.
IX. REMEDIAL ACTION
The Judiciary will undertake appropriate remedial action to correct any instance of
discrimination, harassment, or hostile work environment disclosed by the investigation of
a complaint filed under this procedure. The primary purpose of remedial action will be to
restore to any affected individual the rights and privileges he or she would have enjoyed
but for the discrimination against him or her, as well as to ensure that no further acts of
discrimination or harassment occur to that employee or to any similarly situated
employee. Remedial action may vary widely depending upon the circumstances of the
particular case, and may include specific actions relating to the complainant or other
affected individuals, including promotion, back pay, rescission of discipline, remediated
working conditions, rewriting of performance assessment and career progression
documents, reassignment to another supervisor or job duty, an appropriate apology from
the individual who engaged in the offending conduct, a written notice to employees
assuring them of their rights, etc.
In addition to making the complainant or other affected individuals whole for any losses
they may have suffered, management may also take disciplinary or other action with
respect to persons found to have violated the Policy Statement, in order to ensure that the
conduct is not repeated. Such corrective action may include referral to counseling, oral or
written reprimand, reassignment, suspension, termination, or other corrective action. It
should be noted, however, that the type or amount of discipline imposed on a manager,
supervisor or coworker is not a matter to which a complainant is a party. A complainant,
and indeed any Judiciary employee, is entitled to a working environment free of improper
harassment and discrimination, and it is the sole responsibility of Judiciary management
to take whatever steps are necessary to assure that its managers and supervisors conduct
themselves appropriately. As a general proposition, disciplinary action is a confidential
personnel matter which is inappropriate to disclose to persons other than management
and the individual being disciplined. Thus, the complainant will not ordinarily be
informed of disciplinary action that may be taken. The level of discipline imposed on a
manager, supervisor, or employee is, moreover, not subject to appeal by the complainant
under Section X, below.
24
Remedial action for non-employees such as vendors may include termination of contracts
or other appropriate action. In extreme cases involving criminal conduct, remedial action
may include referral to appropriate law enforcement authorities.
X. APPEAL TO THE ADMINISTRATIVE DIRECTOR
If either the complainant or the respondent affected by the determination of the
Assignment Judge/TCA or central office senior manager is not satisfied with that
determination, he or she may file a written appeal with the Administrative Director
within 15 working days after receipt of that determination, with a copy of the appeal filed
simultaneously with the Chief Judiciary EEO/AA Officer.
The individual filing the appeal must set forth the reasons for the appeal and any
evidence available to support the appeal. Upon receipt of the appeal, the Chief Judiciary
EEO/AA Officer will notify all individuals who received the original determination letter
of the appeal and the reasons therefor. The Chief Judiciary EEO/AA Officer will then
provide the Administrative Director with a copy of the complete investigative file, the
Investigator’s report, and the determination of the Assignment Judge/TCA or central
office senior manager. The Administrative Director will issue a determination as to the
merits of the appeal within 30 working days of his receipt of the complete investigative
file, with copies to the individuals who received the original determination.
In the event the Administrative Director concludes that additional information is needed
to address the appeal, he or she will designate the Chief Judiciary EEO/AA Officer, the
EEO Investigator who prepared the original report, or another person to obtain the
additional information required.
XI. CONFIDENTIALITY
A. During the Investigation:
All complaints and investigations shall be handled, to the greatest extent possible,
in a manner that will protect the privacy interests of those involved and avoid
unnecessary disruption in the workplace. To the extent practical and appropriate
under the circumstances, confidentiality shall be maintained throughout the
investigatory process.
The Investigator will insert the following statement at the beginning of each
witness statement:
I have been informed that, in order to protect the privacy interests of
complainants, witnesses, respondents, and other parties, the New Jersey
Judiciary’s investigation of discrimination complaints is confidential. I
have been given assurances by the investigator that the Judiciary considers
this statement to be confidential, and that this statement will not be
25
disclosed by the Judiciary unless and until it becomes necessary for the
Judiciary to do so in a formal proceeding.
While the investigation is confidential, during the course of an investigation it
may be necessary to discuss the allegations of the complaint with the individual
alleged to have engaged in the improper conduct, as well as other persons who
may have relevant knowledge. Therefore, it may be necessary to disclose certain
information to persons with a legitimate need to know about the matter. All
persons interviewed shall be requested not to discuss their testimony with others.
NOTE: This confidentiality provision should not be applied in a manner
that impedes prompt action to remedy problems. If, during the investigation,
managers or supervisors become aware of unfair, discriminatory or
improper behavior or the unfair application of Judiciary policies or
procedures, appropriate corrective action should not be delayed.
B. Investigation Report:
The full investigation report, including witness statements and documents, is
considered confidential, and as a general rule will not be released to anyone.
However, the report, witness names and supporting documentation may be
subject to disclosure if required by policy or law when it is requested during a
hearing or litigation. For example, an appointing authority may file disciplinary
charges against an employee, supervisor or manager after it investigates and
determines that the employee engaged in unlawful discrimination or harassment.
If a hearing ensues, the disciplined employee, supervisor or manager may seek the
appointing authority’s internal investigation report, written witness statements
and any other information on which management intends to rely at the hearing. In
the event that a request is made for such information, the appointing authority
may be required to release it. The disciplined employee may request witness
names and statements that the appointing authority gathered during the
investigation. Similarly, the investigation report may be subject to discovery
during formal litigation. In such circumstances, it may not be possible to keep
witness names and statements confidential, as the appointing authority may be
obligated to provide them to the disciplined employee or other litigant. To protect
witnesses, employees and the investigative process, however, no manager or
supervisor should release any evidentiary material or report without first
consulting with the Counsel to the Administrative Director.
C. Authorization for Release or Disclosure:
Before releasing any information, the Assignment Judge/TCA or central office
senior manager should contact Counsel to the Administrative Director at the AOC
to review which information and documents may be disclosed and whether any
information should be redacted. If the complaint is unsubstantiated or if
disciplinary action is not deemed appropriate, the investigation report, including
26
witness names and statements and other relevant documents, shall not be released
to anyone.
XII. PROHIBITION AGAINST RETALIATION
Retaliation in any form by anyone who serves in the Judiciary against any person who
complains about harassment or discrimination, files a complaint, or who assists in the
investigation of such complaints is prohibited. A charge of retaliation may be raised at
any stage of the investigation or may form the basis of a new complaint. Retaliation
against anyone who avails him or herself of these complaint procedures is prohibited
even where the original complaint is found to lack merit. Appropriate action will be taken
against individuals who are found to have retaliated against a complainant or against any
individual who testifies or otherwise assists in the investigation of a complaint.
XIII. OTHER COMPLAINT PROCEDURES
Complainants may choose to use both the Judiciary complaint procedures and external
procedures available under State or Federal law. The time periods within which
complaints may be filed with State or Federal civil rights agencies are short (within 180
days for the New Jersey Division on Civil Rights and within a maximum of 300 days
under most circumstances for the U.S. Equal Employment Opportunity Commission
(EEOC)), and choosing to use the Judiciary complaint procedure does not stop those time
periods from running.
XIV. RIGHT TO BE REPRESENTED
While representation is not required, both the complainant and any person against whom
a complaint is filed have the right to be represented throughout the process at their own
expense by an attorney, union representative (Weingarten representative), or another
person of their choice. Notwithstanding this option, it is the responsibility of the
individual being interviewed to answer any questions posed to him or her throughout the
course of an investigation. An employee’s failure to cooperate in an investigation may
subject the employee to disciplinary action up to and including discharge.
XV. MONITORING
For purposes of closing a case, the Chief Judiciary EEO/AA Officer or designee and the
local EEO/AA officer will follow-up with the disposition of the case and any remedial
action required. Depending on the circumstances, the EEO/AA Officer may follow-up
(monitor) with the parties for a reasonable period of time to ensure compliance with the
Policy Statement is maintained.
27
28
APPENDIX A
Judiciary Policy Statement on Equal Employment Opportunity,
Affirmative Action and Anti-Discrimination
To:
From:
Subj:
Date:
Administrative Office
of
the Courts
GLENN
A.
GRANT,J.A.D.
Acting Administrative Dir
ec
tor
of
the Courts
www.
nj
courts.gov • Phon
e:
609-376-3000 Fax: 609-376-3
00
2
Justices, Judges and Judiciary Employees
Glenn
A.
Grant,
J.A.~
Revised Judiciary Policy Statement on Equal Employment Opportunity,
Affirmative Action and Anti-Discrimination
January 23, 2018
Attached is the Revised New Jersey Judiciary Policy Statement on Equal Employment
Opportunity, Affirmative Action and Anti-Discrimination, as approved by the Supreme Court to be
effective immediately. The Policy Statement
is
an update
of
the version issued
in
June 2014 and
is
applicable to all judges and Judiciary staff, including the Municipal Courts.
New Jersey's Law Against Discrimination now requires employers to provide reasonable
accommodations for breastfeeding mothers, and also prohibits discrimination on the basis
of
breastfeeding. The Revised Policy Statement continues to stress the Judiciary's unwavering
commitment to the principles and goals
of
fairness, equality, and respect for all individuals at every
level
of
the court system and to our court users and those who come into contact with the court
system. I urge you to read the Policy Statement carefully. Compliance with the provisions
of
the
Policy is not only our legal responsibility, it is also the right thing to do. Thank you for your
cooperation and support.
Attachment
cc:
Chief Justice Stuart Rabner
Steven
D.
Banville, Chief
of
Staff
Janet Share Zatz, Assistant Director, HR
Tonya N. Hopson, Chief, Judiciary EEO/AA Officer
Meryl
G.
Nadler, Counsel to the Administrati
ve
Director
Rich
ard
J. Hughes Justice Complex PO Box 037
Tr
enton, New Jersey 08625-0037
Judiciary
of
the State
of
New Jersey
Policy Statement
on
Equal
Employment
Opportunity, Affirmative Action
and
Anti-Discrimination
The Chief Justice and Supreme Court of New Jersey declare the following
to
be the policy of the New Jersey Judiciary in order
to
ensure
equal opportunity for all Judiciary employees including judges and applicants for employment, and in order to ensure that all court users,
volunteers, attorneys, litigants, witnesses or others who come into contact with the court system are treated in a non-discriminatory
manner with civility, dignity, and respect. All who
seNe in the Judicial Branch are responsible for implementing this policy. Judges,
managers, and supeNisors are
to
take all necessary steps
to
ensure that each employee's work environment is free of
all
forms of
unlawful bias, harassment, and discrimination.
Policy on Equal Employment Opportunity, Affirmative Action and Anti-Discrimination
The New Jersey Judiciary is committed to the principles of equal employment opportunity and prohibits discrimination by those who work
for the Judiciary or those who come into contact with the courts. The New Jersey Judiciary promulgates this policy for implementation
throughout the court system and prohibits discrimination in
all
aspects of court operations and in hiring, promotion and terms and
conditions of employment on the basis of race, creed, color, national origin/nationality, ancestry, religion/religious practices or
obseNances, age, sex, pregnancy or breastfeeding, gender identity or expression, affectional or sexual orientation, marital status, civil
union status, domestic partnership status, disability or perceived disability, atypical hereditary cellular or blood trait, genetic information,
and status as a veteran or disabled veteran of, or liability for seNice
in,
the Armed Forces of the United States.
Accordingly, discrimination will not be tolerated whether it is practiced by judges, employees or non-employees, against court employees,
attorneys, litigants, witnesses or others who come into contact with the court system. Managerial and supeNisory personnel are required
to ensure adherence to and compliance with this policy and, upon being informed of possible discrimination or harassment covered
by
this policy, are required
to
take appropriate and immediate action in response thereto.
Overcoming Barriers
to Equal Opportunity
The Judiciary will continue to take appropriate action to remove barriers that may prevent minorities and women from full participation in
the Judiciary's workforce and full enjoyment of all of the privileges of employment. An important factor
in
evaluating management
performance is compliance with the Judiciary's policy of fair employment practices as embodied in the Judiciary's Master Plan for EEO/AA
and Anti-Discrimination ("Master Plan"). Management will periodically review Judiciary employment practices in order
to
ensure that all
applicants and employees and, in particular, persons who are members of groups that have been historically disadvantaged because of
discrimination are receiving fair and equal consideration for job opportunities. Affirmative efforts to ensure fairness will be undertaken
with respect to all employment practices, including but not limited
to:
recruitment, selection, hiring, training, promotion, transfer, discipline,
discharge, demotion, layoff, re-employment after layoff, job assignment, compensation, and fringe benefits.
Policy Against Racial/Ethnic, Religious
and
Other Forms
of
Bias, Harassment,
and
Hostile Work Environment
The Judiciary prohibits all forms of unlawful bias, harassment, and discrimination in
all
of
its operations, including humiliating or degrading
jokes, insults or comments about one's race, creed, color, national origin/nationality, ancestry, religion, age, disability or perceived
disability, sex, gender identity or expression, affectional or sexual orientation, or any other legally protected attribute. Harassment,
coercion or intimidation of any individual based on these or other legally protected attributes is strictly forbidden. This prohibition extends
to
workforce management, all aspects of employment practices, the processing and adjudication
of
cases,
and
all
programs, seNices
and activities of the Judiciary.
Policy Prohibiting Discrimination against Individuals with Disabilities
The Judiciary is committed to complying with the Americans with Disabilities Act (ADA}, the New Jersey Law Against Discrimination
(NJLAD), and other applicable anti-discrimination statutes. The Judiciary
will
not discriminate against a court user, which includes litigants,
witnesses, victims, spectators, jurors, attorneys, agency representatives, volunteers, probationers and participants in court programs,
seNices and activities, on the basis of a disability regarding that individual's access
to
court proceedings, programs, seNices, and
activities. In addition, the Judiciary will not discriminate on the basis of disability against any job applicant or employee regarding the
terms, privileges, or conditions
of
employment. All Judiciary employees must remain qualified and able to perform the essential functions
of
the job, with reasonable accommodations where necessary. If a court user, qualified employee
or
job applicant believes that he/she
has been treated unfairly because
of
a disability, he/she may file a discrimination complaint as described in the section entitled "Filing a
Complaint."
Policy
on
Reasonable Accommodations for Individuals with Disabilities
The Judiciary will provide a reasonable accommodation for court users, qualified employees and job applicants with a disability, provided
that the accommodation does not fundamentally alter the nature of a Judiciary program, seNice, or activity or impose an undue hardship
upon the Judiciary.
The Judiciary will provide a reasonable accommodation for court users with a disability, enabling the individual
to
access and participate
in court proceedings, programs, seNices and activities. A court
user
with a disability may request a reasonable accommodation by
contacting the Local Title
II
ADA Coordinator. A list of Local Title
II
ADA Coordinators can be found in the Judiciary's brochure, "The
New Jersey Judiciary's Title
II
ADA Procedures for Access to the Courts By Individuals with Disabilities," or on the Judiciary's website at
njcourts.com.
Policy Statement, Page Two
The Judiciary will provide a reasonable accommodation for qualified employees and job applicants, provided that
the
individual is able
to
perform the essential functions of the job. A qualified employee or job applicant with a disability may request a reasonable accommodation
by contacting the Local Title I ADA Coordinator listed in the Judiciary's brochure, "The New Jersey Judiciary's Title I ADA Procedures for
Employees and Job Applicants with Disabilities," or on the Judiciary's website at njcourts.com.
Policy Against Sexual Harassment
The Judiciary prohibits sexual harassment.
It
is a form of discrimination that undermines the public's confidence in the Judiciary and the
integrity of employment relationships, debilitates morale and may be destructive to its victims and their associates.
For
detailed
information defining sexual harassment,
see the Master Plan.
Policy Against Discrimination Based on Gender Identity
or
Expression
The Judiciary respects the individual humanity and worth of each person who comes
in
contact with the courts. Discrimination in any
form based on a person's gender identity or expression is prohibited. Gender identity or expression is defined as having or being perceived
as
having a gender related identity or expression whether or not stereotypically associated with a person's assigned sex at birth. The
Judiciary shall not treat job applicants, employees, or individuals who come into contact with the courts differently because
of
their actual
or perceived gender identity or expression.
Policy Against Discrimination Based on Affectional
or
Sexual Orientation
The Judiciary is committed
to
treating all employees and court users equally, with dignity and respect. Discrimination in any form against
any individual on account of his or her affectional or sexual orientation
is
prohibited. Affectional or sexual orientation is defined
as
male
or female heterosexuality, homosexuality, or bisexuality
by
inclination, practice, identity or expression, having a history thereof, or being
perceived, presumed or identified by others as having such an orientation. The Judiciary shall not treat job applicants, employees, or
individuals who come into contact with the courts differently because of their actual or perceived affectional or sexual orientation.
Policy
on
Consensual Dating in the Workplace
Consensual dating relationships between Judiciary employees are generally not the Judiciary's business. However, when the two people
currently or previously involved in such relationships work
as
supervisor and subordinate, the supervisor must promptly inform his or her
immediate superior of the personal relationship so that the Judiciary may take action
to
change the reporting relationship between the
individuals. This is necessary in order to eliminate any appearance
of,
or actual, impropriety in the workplace. All Judiciary employees,
including justices and judges, are subject to the New Jersey Tort Claims Act,
N.J.S.A. 59:1-1,
et
seq. Accordingly, failure
to
give proper
notice to the supervisor's immediate superior may result in the denial of legal representation and indemnification
by
the State in the event
that a discrimination or sexual harassment lawsuit is filed in connection with the relationship.
Filing a Complaint
Employees, applicants, clients and users of the courts who have questions, problems or complaints regarding EEO, disability, sexual
harassment, racial/ethnic bias, hostile work environment or other categories covered
by
the anti-discrimination laws may communicate
their concerns to the judge, manager or supervisor in charge of the court program or service involved. If the complainant is dissatisfied
with the handling of the matter, or if the complainant prefers, the complainant may contact the local EEO/AA Officer or may pursue his or
her complaint according
to
the New Jersey Judiciary's discrimination and sexual harassment complaint procedures, which
can
be
obtained from the local EEO/AA Officer and/or Access Coordinator. The Judiciary EEO/AA Unit at the Administrative Office of the Courts
in Trenton can be contacted by calling (609) 815-2915. All complaints, inquiries, and investigations shall be handled in a confidential
manner to the greatest extent possible. All Judiciary employees are to cooperate in the internal investigation of complaints. The local
EEO/AA Officer can also provide information on other options available for filing complaints under state and federal complaint procedures.
Prohibition Against Retaliation
Retaliation
in
any form by anyone who serves
in
the Judicial Branch against any person who complains about discrimination, files a
discrimination complaint or who assists
in
the investigation of such complaints is prohibited. A charge of retaliation may be raised at any
step of the complaint procedures or may form the basis of a new complaint. Retaliation may result in legal liability even though the original
discrimination complaint was unfounded and dismissed. Appropriate actions, up to and including discharge, will
be
taken against
individuals who are found lo have retaliated against a complainant or against any individual who assists in the investigation of a complaint.
Dissemination
and
Compliance with Policy
This Policy Statement on Equal Employment Opportunity, Affirmative Action and Anti-Discrimination will be (1) sent to all New Jersey
Judiciary judges and employees,
(2)
distributed
to
new employees of the Judiciary, and (3) posted
in
areas visible to court users,
volunteers, and job applicants. Discrimination and harassment based on any
of
the protected categories in this Policy Statement are
illegal and, if engaged in by a Judiciary employee, will be deemed
to
constitute misconduct. Appropriate actions, up
to
and including
discharge, will be taken against individuals who do not adhere
to
this policy. The New Jersey Judiciary has a moral responsibility and a
legal responsibility for ensuring adherence
to
the provisions of this Policy
Stateme~......__.,
~
.
January
23,
2018 Hon. Glenn
A.
Grant, Acting Administrative Director
33
APPENDIX B
Discrimination/Sexual Harassment Contact Reporting Form
(for use by EEO/AA Officers)
35
36
APPENDIX C
Discrimination/Sexual Harassment/ Retaliation Complaint Form
Revised 04/2018: CN 10493 page 1 of 2
New Jersey Judiciary
Formal Discrimination / Sexual Harassment / Retaliation
Complaint Form
Please type or clearly print all information.
Date Filed:
Complainant Information
Last Name (include: Sr. / Jr. / III, etc.)
First Name
Middle Name
Home Address
City
State
Zip
Home Telephone
Work Telephone
Email
Job Title
Vicinage / Division / AOC
Complainant Status (check applicable box)
Judicial Employee Volunteer Other
If you check “other” specify whether:
Job Applicant
Probationer
Vendor
Other (Litigant, Witness, etc.)
(specify)
Name and Title of Person(s) You Believe Discriminated Against You
Name
Job Title
Vicinage / Division / AOC
Name
Job Title
Vicinage / Division / AOC
Name
Job Title
Vicinage / Division / AOC
Basis of Complaint (check applicable box or boxes)
Race Color National Origin / Nationality Ancestry Affectional or Sexual Orientation
Sex / Gender Pregnancy or
Breastfeeding
Gender Identity
or Expression
Disability /
Perceived Disability
Atypical Heredity Cellular
or Blood Trait
Use of Genetic Information, Including Refusal to
Submit to or Provide Results of Genetic Test
Religion / Creed Veteran Status or Liability
for Military Service
Marital Status
Civil Union Status Domestic Partnership Status Age Sexual Harassment Retaliation
Description of Complaint: List each incident separately and describe in detail the incident(s) and time and place
of occurrence.
NOTE: A copy of this form will be provided to the person(s) against whom you are filing a complaint. Therefore
you should not identify witnesses or background evidence on this form. You will be asked to submit that material
separately to the investigator who will investigate your complaint.
Description of Incident
Date of Incident
Was Incident Reported to Anyone?
If Yes, Who?
Date Reported
Save
Print
Clear
Revised 04/2018: CN 10493 page 2 of 2
Description of Incident
Date of Incident
Was Incident Reported to Anyone?
If Yes, Who?
Date Reported
Description of Incident
Date of Incident
Was Incident Reported to Anyone?
If Yes, Who?
Date Reported
Description of Incident
Date of Incident
Was Incident Reported to Anyone?
If Yes, Who?
Date Reported
Description of Incident
Date of Incident
Was Incident Reported to Anyone?
If Yes, Who?
Date Reported
Remedy Sought (Explanation)
Additional pages may be attached
NOTE: The Complainant has a right to use the external procedures available under state law (Division on Civil
Rights) and federal law (Equal Employment Opportunity Commission). Information regarding external procedures
is contained in the Policy Statement and on posters located in the Human Resources Office.
Local EEO/AA Officer / AOC Investigator Signature
Date
Complainant’s Signature
Date
Please submit form to the local EEO/AA Officer or to the
Chief Judiciary EEO/AA Officer in the AOC.
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APPENDIX D
Sample Letters:
1. Acknowledging Receipt of Written Complaint and Assigning Investigator.
2. Informing Respondent of the Filing of a Complaint and Assigning Investigator.
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(Appendix D-1: SAMPLE ACKNOWLEDGMENT LETTER)
[Date]
(Complainant’s Name)
(Complainant’s Address)
Dear [Mr./Ms. Complainant]:
This is to acknowledge receipt of the discrimination complaint you filed on [date complaint filed] with the
[Judiciary EEO/AA Office or Vicinage EEO/AA Officer]. In the complaint, you alleged that [[Respondent]
[discriminated against you on the basis of your (prohibited criterion)] OR [engaged in (sexual) (discriminatory)
harassment].
[Name, address and phone number of the EEO investigator] has been assigned to conduct an investigation into
the complaint and will contact with you in the near future to obtain your statement concerning your complaint. At the
conclusion of the investigation, the investigator will report [his/her] findings to the [TCA or Assignment Judge or
Director or Senior Manager designated by the Administrative Director] who will issue his/her determination regarding
this matter.
I want to assure you that your complaint will be thoroughly investigated and considered. Please be advised that the
Judiciary’s anti-discrimination policy provides that retaliation in any form by anyone who serves in the Judicial Branch
against any person who complains about discrimination, files a discrimination complaint or who assists in the investigation
of such complaints is prohibited. A copy of your complaint has been provided to the respondent in this matter.
In addition to filing this internal complaint, you have the right to file a complaint with the U.S. Equal Employment
Opportunity Commission or the New Jersey Division on Civil Rights.
If you have any questions regarding the procedures or the status of your complaint, you may contact me at (609)
292-3586 or the EEO investigator named above or [name and phone number of the local EEO/AA Officer].
Yours truly,
[Name]
Chief Judiciary EEO/AA Officer
c: If in a Vicinage: If in the Central Office:
Assignment Judge Administrative Director
Trial Court Administrator Director or Clerk of Court
Local EEO/AA Officer EEO Investigator
EEO Investigator
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(Appendix D-2: SAMPLE LETTER INFORMING RESPONDENT
OF THE FILING OF A COMPLAINT)
(Date)
(Respondent’s Name)
(Respondent’s Address)
Dear [Mr./Ms. Respondent]:
On [date complaint filed], [Complainant’ name and job title], filed a complaint against you with the [Judiciary
EEO/AA Office or Vicinage EEO/AA Officer]. [Mr./Ms. (Complainant)] alleged that you [discriminated against
him/her on the basis of his/her (prohibited criterion)] OR [engaged in (sexual) (discriminatory) harassment]. The
attached completed complaint form contains the specific allegations pertaining to the complaint filed against you by [Mr./
Ms. (Complainant)].
[Name, address and phone number of the EEO investigator] has been assigned to conduct an investigation into
the complaint and will contact you in due course to obtain your statement concerning the complaint. At the conclusion of
the investigation, the investigator will report [his or her] findings to the [TCA or Assignment Judge or Director or
Senior Manager designated by the Administrative Director] who will issue his/her determination regarding this matter.
Please be advised that the Judiciary’s anti-discrimination policy provides that retaliation in any form by anyone
who serves in the Judicial Branch against any person who complains about discrimination, files a discrimination complaint
or who assists in the investigation of such complaints is prohibited.
If you have any questions regarding the procedures or the status of the investigation, you may contact me at (609)
292-3586 or the EEO investigator named above or [name and phone number of the Local EEO/AA Officer].
Yours truly,
[Name]
Chief Judiciary EEO/AA Officer
Attachment
c: If in a Vicinage: If in the Central Office:
Assignment Judge Administrative Director
Trial Court Administrator Director or Clerk of Court
Local EEO/AA Officer EEO Investigator
EEO Investigator