IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 1-18.0

RE: POLICY STATEMENT AND CIVIL RIGHTS COMPLAINT PROCEDURES

WHEREAS, Article V of the Florida Constitution and the Florida Rules of Judicial Administration give the Chief Judge responsibility for the proper administration of the courts and;

WHEREAS, the Florida Supreme Court has directed that all courts adopt a procedure for resolving complaints of discrimination by and against officers and employees of the court;

Effective immediately, it will be the policy of this court to provide a workplace free from any and all forms of illegal discrimination and to provide equal employment opportunity to every employee and applicant for employment based solely on his or her qualifications to perform the job, and without discrimination on account of race, ethnicity, sex, religion, natural origin, disability, marital status, sexual orientation, or age except as provided by law, with respect to recruitment, appointment, training, promotion, retention, separation, or any other employment practice.

Additionally, in accordance with Title I of the American Disabilities Act (ADA) of 1990, the courts of the Tenth Judicial Circuit will not discriminate in any employment practice against qualified individuals with a disability, individuals regarded as having a disability, or individuals with an association with a person with a known disability. It will be the policy of the Tenth Circuit to provide a reasonable accommodation, if necessary, to all qualified individuals with a disability in order to assure equal opportunity in the application process, to enable a qualified individual with a disability to perform the essential functions of a job, and to enable an employee with a disability to enjoy equal benefits and privileges of employment. A reasonable accommodation will be made, on a case by case basis, if it does not impose an undue hardship on court operations.

It will also be the policy of the courts in the Tenth Judicial circuit to make the workplace free of sexual harassment. Sexual harassment occurs if there are unwelcome sexual advances; unwelcome requests for sexual favors; or unwelcome verbal or physical conduct of a sexual nature from or involving an employee's supervisors, peers, subordinates or other persons in contact with an employee during the course of the conduct of the employee's business when:

1. Submission to such conduct is either explicitly or implicitly a term or condition of employment; or

2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

3. Such conduct has the purpose or effect of interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment.

It is the policy of the Tenth Circuit that all complaints of discrimination shall be treated seriously and acted upon promptly in accordance with the procedures attached hereto.

Failure to comply with this policy may result in discipline up to and including dismissal, and/or referral to appropriate enforcement and disciplinary bodies. No individual shall be discriminated against, harassed, threatened, or intimidated for filing a complaint under these policies. Any employee who knowingly files a false complaint may be subject to discipline up to and including dismissal.

DONE and ORDERED in Chambers, at Bartow, Polk County, Florida, this 27th day of June, 1995.

RANDALL G. MCDONALD,

Chief Judge