AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on January 17, 2020, effective January 17, 2020 Rule 10.351. Judicial branch policies on workplace conduct ..................................... 2 1 2

Rule 10.351. Judicial branch policies on workplace conduct 1 2 The judicial branch is committed to providing a workplace free of harassment, 3 discrimination, retaliation, and inappropriate workplace conduct based on a protected 4 classification. Consistent with this commitment, each court must take reasonable steps to 5 prevent and address such conduct, including adopting policies prohibiting harassment, 6 discrimination, retaliation, and inappropriate workplace conduct based on a protected 7 classification and establishing for such conduct complaint reporting and response 8 procedures that satisfy the minimum requirements stated in this rule. 9 (

a) Prohibition policies10 11 Each court must ensure that its policies prohibiting harassment, discrimination, 12 retaliation, and inappropriate workplace conduct based on a protected classification 13 conform with the minimum requirements stated in this rule. These policies must 14 contain: 15 16

(1) A prohibition against harassment, discrimination, retaliation, and 17 inappropriate workplace conduct based on a protected classification by 18 judicial officers, managers, supervisors, employees, other personnel, and 19 other individuals with whom employees come into contact;20 21

(2) A list of all protected classifications under applicable state and federal laws, 22 including all protected classifications listed in Government Code

section 23 12940(a);24 25

(3) Definitions and a nonexhaustive list of examples of harassment, 26 discrimination, retaliation, and inappropriate workplace conduct based on a 27 protected classification;28 29

(4) A clear prohibition of retaliation against anyone making a complaint or 30 participating in an investigation of harassment, discrimination, retaliation, or 31 inappropriate workplace conduct based on a protected classification; and32 33

(5) Comprehensive complaint reporting, intake, investigatory, and follow-up 34 processes.35 36 (

b) Complaint reporting process37 38 Each court must adopt a process for employees to report complaints of harassment, 39 discrimination, retaliation, and inappropriate workplace conduct based on a 40 protected classification. These reporting processes must: 41 42 2

(1) Establish effective open-door policies and procedures for reporting1 complaints;2 3

(2) Offer multiple avenues for raising complaints, either orally or in writing, and4 not require that the employee bring concerns to an immediate supervisor;5 6

(3) Clearly identify individuals to whom complaints may be made regarding the7 conduct of administrative presiding justices, appellate court clerk/executive8 officers, presiding judges, court executive officers, judicial officers, and court9 management;10 11

(4) Identify the Commission on Judicial Performance, California Department of12 Fair Employment and Housing, and U.S. Equal Employment Opportunity 13 Commission as additional avenues for employees to lodge complaints, and 14 provide contact information for those entities; and15 16

(5) Instruct supervisors, managers, and directors with knowledge of harassment,17 discrimination, retaliation, or inappropriate workplace conduct based on a 18 protected classification to report this information to the administrative 19 presiding justice or an appellate court clerk/executive officer, a presiding 20 judge, a court executive officer, human resources, or another appropriate 21 judicial officer who is not involved with the conduct or named in the 22 complaint.23 24 (

c) Court responsibility on receipt of complaint or knowledge of potential 25 misconduct 26 27 Each court must develop processes to intake, investigate, and respond to complaints 28 or known instances of harassment, discrimination, retaliation, or inappropriate 29 workplace conduct based on a protected classification. These processes must 30 provide for: 31 32

(1) Appropriate reassurances to complainants that their confidentiality in making 33 a complaint will be preserved to the extent possible, including an explanation 34 that disclosure of information will be limited to the extent consistent with 35 conducting a fair, effective, and thorough investigation;36 37

(2) Fair, timely, and thorough investigations of complaints that provide all 38 parties with appropriate consideration and an opportunity to be heard. These 39 investigations should be conducted by impartial, qualified investigators;40 41 3

(3) Communication with complainants throughout the investigation process,1 including initial acknowledgment of complaints, follow-up communication as2 appropriate, and communication at the end of the process;3 4

(4) Consideration of appropriate options for remedial action and resolution based5 on the evidence collected in the investigation; and6 7

(5) Timely case closures.8 Rule 10.351 adopted effective January 17, 2020. 9 4