(a) Equal employment opportunities are provided throughout the KCOJ in all employment practices, including recruitment, appointment, job assignment, promotion, compensation, training, and fringe benefits, without regard to race, national origin, color, religion, sex, age, disability, sexual orientation, genetic information, smoker or non-smoker status, veteran's status, political affiliation, or any other characteristic protected by law.

(b) The purpose of this policy is to promote and assure equitable treatment of all individuals who are now employed, who are being considered for employment, who are seeking employment, or who may be recruited for employment in the future.

(c) This policy applies with equal force to elected and appointed officials.

(d) Any employee who has concerns about possible discrimination in the workplace is encouraged to bring those concerns to the attention of the HR Director in writing on the KCOJ Employee Complaint Form. Employees can raise concerns and make good faith complaints without fear of reprisal. Anyone found engaging in any type of unlawful discrimination will be subject to disciplinary action up to and including immediate dismissal or referral to the appropriate disciplinary authority.

(a) It is the policy of the KCOJ to provide a work environment free of unlawful harassment or retaliation based on race, national origin, color, religion, sex, age, disability, sexual orientation, genetic information, smoker or non-smoker status, veteran's status, political affiliation, or any other characteristic protected by law. Harassment based on race, color, religion, sex, national origin, age, and disability is prohibited by Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act (ADA), as amended; the Age Discrimination in Employment Act (ADEA); and KRS 344.040 of the Kentucky Civil Rights Act, as well as various local ordinances.

(b) Employees engaged in any form of unlawful harassment in the course of their employment are subject to appropriate disciplinary action, including dismissal.

(c) This policy applies equally to elected and appointed officials. Officials alleged to have engaged in any form of unlawful harassment in the course of their appointment or elected term will be referred to the appropriate disciplinary authority.

(a) “Unlawful Workplace Harassment” means unwelcome or unsolicited speech or conduct based upon race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law that creates a hostile work environment.

(b) “Hostile Work Environment” means an environment that a reasonable person would consider to be hostile or abusive and the person who is the object of the harassment perceives to be hostile or abusive based on a characteristic protected by law as provided under Section 3.01(1)(a) of these Policies. A hostile work environment is determined by looking at all of the circumstances including, but not limited to: (1) the frequency of the alleged harassing conduct; (2) the severity of the alleged harassing conduct; (3) whether the alleged harassing conduct was physically threatening or humiliating; and (4) whether the alleged harassing conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive environment.

(c) “Quid Pro Quo Harassment” means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct when submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting the individual.

(d) “Retaliation” means an adverse employment action taken against an employee because he or she has opposed any perceived unlawful workplace harassment or because he or she has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing conducted in connection with unlawful workplace harassment.

(a) Verbal

(b) Nonverbal

(c) Physical

(d) Other

(a) A man or a woman may be the victim of sexual harassment, and a man or a woman may be the harasser.

(b) The victim does not need to be different from the harasser in race, color, religion, sex, national origin, age, disability, sexual orientation, political affiliation, or any other characteristic protected by law.

(a) The KCOJ is committed to prohibiting unlawful workplace harassment before it rises to the level of a violation of state or federal law. All employees, elected officials, appointed officials, managerial staff, and supervisory staff must immediately report all allegations of unlawful workplace harassment to the HR Director in writing on the KCOJ Employee Complaint Form, as required by subsection (7) of this section.

(b) The KCOJ will protect the confidentiality of unlawful workplace harassment allegations as practical and to the extent required by law. However, the KCOJ has a duty to investigate all complaints of workplace harassment, even if the complainant withdraws the complaint or does not wish to pursue the matter.

(a) Any person who has a good faith complaint of unlawful workplace harassment must notify the HR Director in writing on the KCOJ Employee Complaint Form. The KCOJ Employee Complaint Form must be submitted within two business days of the alleged harassment or as soon as practical. If the HR Director is absent, the General Counsel must be notified. If the HR Director or the General Counsel is the alleged harasser, then the employee or supervisor must notify the AOC Director or designee.

(b) When a complaint is made, immediate and appropriate action must be taken to assure that the complaining party, alleged harasser, appointing authority, and any witnesses are aware of the KCOJ unlawful workplace harassment policy.

(c) Upon receiving the complaint, the HR Director, with agreement of the General Counsel, may immediately take any protective measures necessary for the safety of the parties and affected employees. The HR Director or designee must inform the alleged harasser in writing that a complaint has been filed and he or she is to have no contact of any kind with the complaining party. The alleged harasser must also be informed to refrain from any retaliation and to not interfere with the investigation. The HR Director or designee will inform the complaining party in writing that an investigation will begin as soon as possible. If the alleged harasser is an elected or appointed official, the HR Director will forward the complaint to the appropriate disciplinary authority.

(d) The HR Director or designee, in cooperation with the General Counsel or designee, will coordinate and conduct an investigation. In extraordinary circumstances, the AOC Director's Office may require that the investigation be conducted by an outside investigator. The investigation will include interviews with all relevant individuals, including the alleged harasser. The HR Director or designee will have 45 calendar days to complete the investigation. Failure to meet this deadline will not invalidate the findings of the investigation. Information regarding the complaint must be kept as confidential as possible.

(e) Within 15 calendar days of completing the investigation, the HR Director or designee, after consulting with the General Counsel or designee, will present his or her written report to the alleged harasser and allow the accused an opportunity to submit a written response, including the right to provide documentary evidence and identify individuals who may have relevant information. If the 15-day deadline is insufficient, the General Counsel may grant an extension of 15 calendar days.

(f) The alleged harasser will have 15 calendar days to submit a written response and supporting documentation. Within 15 calendar days of receipt of the response, the HR Director or designee will present the final report, with findings and recommendations, and the alleged harasser's written response to the AOC Director.

(g) Within 30 calendar days of receipt of the HR Director's or designee's final report, the AOC Director or designee will issue a written final decision to both the complaining party and the alleged harasser, which shall include the allegations, findings, conclusions, and disposition. The HR Director and General Counsel will be copied on the decision letter.

(h) If the alleged harasser is an elected official, the AOC Director or designee will submit written findings, conclusions, and interim recommendations within 30 calendar days to the Chief Justice, or where appropriate the Deputy Chief Justice, who may take interim measures deemed necessary pending action by the appropriate disciplinary authority.

(i) In the event that the AOC Director is the alleged harasser, the HR Director's final report will be presented to the Chief Justice to issue a written final decision to both the complaining party and the alleged harasser, which shall include the allegations, findings, conclusions, and disposition.

(j) Upon a finding of harassment in violation of this policy, the harasser will be subject to disciplinary action, including dismissal, and immediate and appropriate corrective action pursuant to Section 8 of these Policies. Any resulting discipline is subject to the applicable grievance and appeal processes found in Section 8 of these Policies. If the harasser is an elected or appointed official, he or she may be subject to discipline by the appropriate disciplinary authority. A copy of the written final decision will be placed in the harasser's personnel file.

(k) A finding of misconduct that does not amount to harassment shall proceed under Section 8 of these Policies.

(l) If the complaining party is found to have intentionally made a false complaint, he or she will be subject to immediate and appropriate disciplinary action, including dismissal pursuant to Section 8 of these Policies. Any resulting discipline is subject to the applicable grievance and appeal processes found in Section 8 of these Policies.

(a) “Reasonable Accommodation” means modifications or adjustments to:

(b) “Disability” means, with respect to an individual:

(c) “Major Life Activities” means activities that include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. These also include the operation of a major bodily function, including but not limited to, functions of the immune system, special sense organs and skin, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

(d) “Qualified Individual with a Disability” means an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the position that the individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

(e) “Essential Functions” means the fundamental job duties of an employment position. A function can be essential if, among other things, the position exists specifically to perform that function; there are a limited number of other employees who could perform the function; or the function is specialized and the individual is hired based on his or her ability to perform it. This term does not include the marginal functions of the position.

(f) “Undue Hardship” means a specific accommodation would require significant difficulty or expense. Determination of undue hardship is made on a case-by-case basis, considering factors that may include, but not be limited to, the nature or cost of the accommodation needed and the impact of the accommodation on the operations of the office or agency.

(a) An employee may request a reasonable accommodation from his or her appointing authority either verbally or by completing form AOC-ADA-1, Request for Accommodation. Upon receipt, the appointing authority or designee must submit the request and the completed form to the ADA Coordinator at the AOC in Frankfort, Kentucky.

(b) A verbal request for an accommodation must be confirmed in writing by the employee within seven calendar days by completing form AOC-ADA-1. An employee must submit the completed form to his or her appointing authority.

(c) The KCOJ may require medical information when an employee has requested a reasonable accommodation to determine whether an employee has an ADA-covered disability and if the employee can continue to perform his or her essential job functions. When the disability and the need for accommodation are obvious, the KCOJ will not seek any further medical information. When the disability or need for accommodation is not obvious, the KCOJ may ask the individual for reasonable documentation about his or her disability and functional limitations.

(d) Upon request, the employee must have his or her licensed health care professional complete form AOC-ADA-2, Request for Accommodation Medical Report (Medical Report), with instructions that the health care professional forward the Medical Report to the ADA Coordinator. The employee also must complete form PER 5.1, Authorization to Release Medical Information, and provide it to his or her health care professional so that the health care professional may release the Medical Report to the ADA Coordinator.

(e) Medical information obtained in connection with the reasonable accommodation process will be kept confidential and placed in a file separate from the employee's personnel file.

(f) Failure to provide appropriate documentation or to cooperate with the efforts of the ADA Coordinator to obtain such documentation may result in denial of the reasonable accommodation.

(a) Before addressing the merits of the accommodation request, the ADA Coordinator first must determine whether the employee is a qualified individual with a disability under the ADA.

(b) If the ADA Coordinator or designee reasonably believes that the employee is a qualified individual with a disability, the ADA Coordinator will work with the employee to identify potential reasonable accommodations. The ADA Coordinator must determine:

(a) The HR Director or designee must provide the employee with written notification and an explanation of the decision to grant or deny the request.

(b) The reasonable accommodation granted may not be the accommodation requested by the employee. The HR Director or designee has the ultimate discretion to choose among effective accommodations. If the reasonable accommodation cannot be provided immediately, the HR Director or designee must inform the employee when it will be provided.

(c) If a reasonable accommodation request is denied and the employee is not satisfied with the result, the employee may request a reconsideration of the decision to the AOC Director's Office or file a complaint with the Equal Employment Opportunity Commission (EEOC), the Kentucky Commission on Human Rights, or the applicable local human rights commission.

(a) “Essential Functions” has the same meaning as provided in Section 3.04(3)(e) of these Policies.

(b) “Reasonable Accommodation” means providing modifications or adjustments including providing more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, appropriate seating, temporary transfer to a less strenuous or less hazardous position, job restructuring, light duty, modified work schedule, and private space that is not a bathroom for expressing breast milk.

(c) “Related Medical Condition” includes but is not limited to lactation or the need to express breast milk for a nursing child and has the same meaning as in the Pregnancy Discrimination Act, 42 U.S.C. sec. 2000e(k).

(d) “Undue Hardship” has the same definition provided in Section 3.04(3)(f) of these Policies and in addition, includes the following factors:

(a) This policy applies with equal force to elected and appointed officials.

(b) The KCOJ is committed to providing reasonable accommodations for the pregnancy, childbirth, or related medical condition of an employee, elected official, or appointed official in accordance with the Kentucky Pregnant Workers Act (“KPWA”).

(c) The KCOJ ADA Coordinator processes requests for reasonable accommodations under the KPWA and current law, and ensures, when applicable, reasonable accommodations are provided in a prompt, fair, and efficient manner.

(a) An employee may request a reasonable accommodation from his or her appointing authority either verbally or by completing form AOC-KPWA-1, Employee Request for an Accommodation Under the KPWA. Upon receipt, the appointing authority or designee must submit the request and the completed form to the ADA Coordinator at the AOC in Frankfort, Kentucky.

(b) A verbal request for an accommodation must be confirmed in writing by the employee within 7 calendar days by completing form AOC-KPWA-1. An employee must submit the completed form to his or her appointing authority.

(c) When the need for an accommodation under the KPWA is obvious, the KCOJ will not seek any further documentation or information. If the need for an accommodation is not obvious, the KCOJ may ask the employee for reasonable documentation related to the accommodation request.

(d) Medical information obtained with the reasonable accommodation process will be kept confidential and placed in a file separate from the employee's personnel file.

(a) The ADA Coordinator will engage in a timely, good faith, and interactive process to determine effective reasonable accommodations.

(b) The ADA Coordinator will consider the following when evaluating a request for an accommodation:

(c) An employee will not be required to take leave from work if another reasonable accommodation can be provided.

(a) The HR Director or designee must provide to the employee, and the employee's appointing authority, a written notification and explanation of the accommodation decision.

(b) The reasonable accommodation granted may not be the accommodation requested by the employee. The HR Director or designee has the ultimate discretion to choose among effective accommodations. If the reasonable accommodation cannot be provided immediately, the HR Director or designee must inform the employee when it will be provided.

(c) If a reasonable accommodation request is denied and the employee is not satisfied with the result, the employee may request a reconsideration of the decision to the AOC Director's Office or file a complaint with the Kentucky Commission on Human Rights, or the applicable local human rights commission.

(a) The KCOJ is committed to promoting the safety, health, and well-being of all employees and other individuals in our workplaces. Additionally, the KCOJ is committed to carrying out the provisions of the federal Drug-Free Workplace Act of 1988.

(b) Employees are prohibited from manufacturing, distributing, dispensing, unlawfully possessing, or unlawfully using a controlled substance while performing work duties.

(c) This policy applies to elected and appointed officials. Officials in violation of any provision of this section will be referred to the appropriate disciplinary authority.

(a) The dangers of drug abuse in the workplace;

(b) The KCOJ's policy of maintaining a drug-free workplace;

(c) Any available drug counseling, rehabilitation, and employee assistance programs; and

(d) The penalties that may be imposed upon employees and officials for drug abuse violations.

(a) “Controlled Substance” means a controlled substance in Schedules I through V of 21 U.S.C. § 812 or KRS Chapter 218A.

(b) “Conviction” means the final judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo contendere.

(c) “Workplace” means a site for the performance of work, including buildings and grounds for such sites. It also includes the location of any work-related travel between worksites or work-related travel in the course and scope of employment.

(a) Violations of this policy include:

(b) Disciplinary Action

(a) The KCOJ is committed to preventing workplace violence and maintaining a safe work environment. Accordingly, the KCOJ has adopted the following guidelines to address workplace violence. Violence in the KCOJ work environment will not be tolerated.

(b) The KCOJ prohibits any employee from carrying a weapon, including licensed concealed weapons, into any portion of court buildings, courtrooms, related court buildings, places of employment, or educational sites that are leased, owned, or occupied by the KCOJ governmental unit. This does not include the legal possession of a weapon in a vehicle. Exceptions to this rule include AOC Court Security Coordinators and AOC Security Officers if it is necessary for their official duties; and Justices, Judges, and Circuit Court Clerks, including retired and senior status Justices and Judges actively serving on the bench.

(c) Any employee in violation of this policy is subject to appropriate disciplinary action up to and including dismissal.

(a) Threatening to harm an official, an employee, or a member of the general public;

(b) Brandishing or displaying a weapon or an object that can be used as a weapon in a manner which would threaten, intimidate, or present a safety risk to an official, an employee, or a member of the general public;

(c) Intimidating, threatening, or harassing another person either verbally, in writing, or by gesture;

(d) Stalking;

(e) Striking, slapping, or otherwise physically assaulting another person; or

(f) Using KCOJ resources and property such as work time, phones, fax machines or email to perpetrate workplace violence.

(a) All employees, elected officials, and appointed officials are encouraged to be alert to the possibility of violence on the part of officials, managers, supervisors, employees, former employees, and members of the general public.

(b) Employees must notify their appointing authority or designee as soon as possible of any acts or threats of violence they have either witnessed or received. This includes any threatening statement, harassment, or behavior they have reasonable cause to believe is a potential risk to their health and safety, or to other officials, employees, or the general public. Employees should not place themselves in peril.

(c) The appointing authority must use the KCOJ Incident Report (AOC-PT-50) to report acts or threats of violence. The AOC-PT-50 will be submitted to the HR Director.

(d) To maintain workplace safety and the integrity of an investigation, the KCOJ may suspend employees, with or without pay, pending investigation.