Maryland Judiciary EEO FAQs

OFFICE OF LEGAL AFFAIRS AND FAIR PRACTICES

MARYLAND JUDICIAL CENTER

187 Harry S. Truman Parkway – 5

Floor

Annapolis, MD 21401

EEO – Frequently Asked Questions

1) What is the Judiciary’s Policy Prohibiting Discrimination, Harassment, and Retaliation?

The Judicial Branch recognizes and honors the value and dignity of each employee and the

importance of providing employees with an opportunity to pursue a career in an environment free

of discrimination, harassment, and retaliation. This policy establishes the process for filing a

complaint of discrimination, harassment, and retaliation and assigns responsibilities for reporting,

investigating, and resolving such complaints. The Judicial Branch has zero tolerance for

discrimination, harassment, and retaliation, and shall take prompt remedial action, including

appropriate disciplinary or remedial action, up to and including termination, to correct, remedy,

and prevent unlawful discrimination, harassment, and retaliation.

2) What is a Protected Class or Characteristic?

A protected class or characteristic is a group or trait protected from employment discrimination

by law. The Judiciary’s Policy recognizes the following protected classes or characteristics:

 Race

 Color

 National Origin

 Religion

 Sex

 Age

 Physical or Mental Disability

 Sexual Orientation

 Gender Identity or Expression

 Political Affiliation

 Marital or Family Status

 Genetic Information

 Any other characteristic protected

by State or federal law

3) What is Employment Discrimination?

Prohibited acts include discrimination in recruitment, hiring, promotion, training, compensation,

benefits, transfer, discipline, discharge, and other terms and conditions of employment based on

a person’s protected class or characteristic.

4) What is Harassment?

Harassment is unwelcome conduct that is based on an individual’s protected class or

characteristic. Harassment prohibited by the policy is threatening, intimidating, or demeaning

conduct directed toward an individual because of that individual’s protected class or

characteristic, which is severe or pervasive enough to create an objectively hostile work

environment. The Judiciary also prohibits harassment against individuals in retaliation for filing a

discrimination charge, testifying, or participating in any way in an investigation, proceeding, or

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lawsuit under these laws; or opposing employment practices that they reasonably believe

discriminate against individuals, in violation of these laws.

Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the

level of a violation of the policy. To be a violation, the conduct must create a work environment

that would be intimidating, hostile, or offensive to reasonable people.

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name

calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs,

offensive objects or pictures, and interference with work performance. Harassment can occur in

a variety of circumstances, including, but not limited to, the following:

 The harasser can be the victim’s supervisor, a supervisor in another area, an agent of

the employer, a co-worker, or a non-employee.

 The victim does not have to be the target of the harassment, but can be anyone affected

by the offensive conduct.

 Unlawful harassment may occur without economic injury to, or discharge of, the victim.

5) What is Retaliation?

Retaliation is a prohibited adverse action taken against an employee because he or she

complained about harassment or discrimination or participated in an investigation or claim

involving discrimination or harassment, for example as a witness. Retaliation is also a prohibited

adverse action taken against an employee because he or she requested an accommodation for

a disability or religious reasons.

6) Who do I contact to discuss what I feel is an EEO violation?

Employees who feel they have been subjected to or witnessed discriminatory, harassing, or

retaliatory behavior are encouraged to address their questions and concerns with their supervisor

or Administrative Head.

If that does not resolve the issue, or if you are uncomfortable discussing the matter with the

supervisor or Administrative Head, you should complete a Complaint Form.

If you work for a Clerk’s Office, court (other than a Circuit Court), judicial unit, or other judicial

entity (other than a Circuit Court), you can send the complaint form to the Office of Legal Affairs

and Fair Practices.

If you work for a Circuit Court (not in a Clerks’ Office), you can send the complaint form to a

manager, supervisor, EEO coordinator, or the County Administrative Judge).

7) Who is an Administrative Head?

A. For the Appellate Courts, the Clerk of the Court for all employees under the Clerk’s

supervision and the Chief Judge of the Appellate Court where the employee works for all

other Appellate Court employees;

B. The Clerk of the Circuit Court for all employees under the Clerk’s supervision (Clerk’s office

employees);

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C. The County Administrative Judge for all employees under the supervision of the

Administrative Judge;

D. For the District Court, the Chief Judge of the District Court, the Chief Clerk, the Administrative

Clerk, or Administrative Commissioner for all employees under his or her supervision;

E. For the Administrative Office of the Courts, the State Court Administrator;

F. For units organized within the Judicial Branch, the head of the unit where the employee

works; and,

G. Any person who, by express written designation, serves as the authorized designee of an

administrative head.

8) What form do I need to complete to submit an internal complaint?

The Office of Legal Affairs and Fair Practices encourages employees to use its Complaint

Form. The complaint must be based on discrimination, harassment, or retaliation as defined by

the Judiciary’s Policy. The complaint should be filed as soon as possible. The Fair Practices

Officer or, when applicable, County Administrative Judge may at their discretion determine that

complaints are untimely.

All submitted Complaint Forms should contain the following:

 The full name and address of the complainant;

 The full name and address of the department or person against whom the complaint is

made;

 A clear and detailed statement of facts describing the alleged act(s) of discrimination,

harassment, or retaliation, including when the alleged act(s) took place;

 A statement of how the alleged acts are believed to have been a basis for discrimination,

harassment, or retaliation; and

 The signature of the complainant and the date the complaint was filed.

9) What happens if I submit a complaint to the Office of Legal Affairs and Fair Practices?

Generally, you should be contacted by a representative of the Office of Legal Affairs and Fair

Practices to confirm your complaint and, if needed, to gather additional intake information. The

Office of Legal Affairs and Fair Practices will investigate complaints involving allegations of

prohibited discrimination, harassment, and retaliation. If appropriate, the Office of Legal Affairs

and Fair Practices will contact other offices regarding the handling of your complaint.

10) Will my complaint be handled confidentially?

The administrative head, FPO, or any other person designated, including the EEO coordinator,

who conduct the investigation, shall maintain the confidentiality of all actions taken to investigate

and resolve complaints under this policy to the maximum extent allowed by law. It is the policy

of the Judicial Branch to divulge confidential investigative materials only when required to do so

by law.

11) What accommodations does the Judiciary provide?

It is the policy of the Judiciary to provide reasonable accommodations to qualified individuals

with a disability. In addition, the Judiciary has a policy to provide reasonable accommodations

for religion. Please see the Judiciary’s Policy on Accommodation of Disabilities and Policy on

Religious Accommodation for additional information.

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12) Can I make an external complaint?

You have the right to file a Charge of Discrimination with the Maryland Commission on Civil

Rights (MCCR) and/or the Equal Employment Opportunity Commission (EEOC). The Maryland

Judiciary does not control these agencies. In addition, these agencies have their own time

requirements for filing a timely complaint of employment discrimination.

13) Does the Judiciary offer training on this topic?

Yes. The Office of Legal Affairs and Fair Practices can provide training on various EEO topics.

For additional information on training, please contact the Fair Practices Officer

([email protected]; 410-260-3679).