Supreme Court of Pennsylvania 
Unified Judicial System of Pennsylvania 

The  Supreme  Court  of  Pennsylvania  declares  that  it  is  the  policy  of  the  Unified  Judicial 
System of Pennsylvania (UJS) to ensure that all individuals having business with the UJS are 
treated in a dignified, civil, respectful, and non-discriminatory manner.   

his policy prohibits all forms of discrimination and harassment in a Court Facility (defined as 
“Any building or office serving as the workplace for Personnel of the System, Supreme Court 
Boards and Committees, and/or Related Staff; and any UJS-related building or office in which 
Court Users conduct business with the UJS”), and applies to the following: 
  
Personnel of the System – defined in 42 Pa.C.S.A. § 102 as “Judicial officers, personal staff, 
administrative staff, and central staff.”  

upreme  Court  Boards  and  Committees  –  includes  all  staff  and  appointed  members  of 
boards,  committees  and  court-related  panels  appointed  by 
the  Supreme  Court  of 
Pennsylvania,  including,  but  not  limited  to,  the  following  -  Board  of  Law  Examiners, 
Continuing  Legal  Education  Board,  Disciplinary  Board,  Interest  on  Lawyers  Trust  Account 
Board,  Minor  Judiciary  Education  Board,  Pennsylvania  Lawyers  Fund  for  Client  Security 
Board, Interbranch Commission for Gender, Racial and Ethnic Fairness, Investment Advisory 
Board,  Appellate  Court  Procedural  Rules  Committee,  Civil  Procedural  Rules  Committee, 
Committee on Rules of Evidence, Criminal Procedural Rules Committee, Domestic Relations 
Procedural  Rules  Committee,  Juvenile  Court  Procedural  Rules  Committee,  Minor  Court 
Rules Committee, Orphans’ Court Procedural Rules Committee. 
  
Related Staff – defined in 42 Pa.C.S.A. § 102 as “All individuals employed at public expense 
who  serve  the  UJS,  but  the  term  does  not  include  Personnel  of  the  System”.   Those  who 
serve the UJS include district attorneys, public defenders, sheriffs and other officers serving 
process  or  enforcing  orders,  registers  of  wills,  prothonotaries,  clerks  of  courts,  clerks  of the 
orphan’s court division, coroners, jury commissioners, probation officials, and personnel of all 
of the foregoing. 
  
Court  Users –  includes,  but  is not  limited  to,  attorneys,  applicants for  employment,  litigants, 
witnesses, jurors, and court volunteers. 
  
The  Supreme  Court  of  Pennsylvania  is  committed  to  the  principles  of  equal  employment 
opportunity to ensure legal and appropriate hiring and employment practices, and to promote 
public confidence in the fairness and integrity of the judicial system and the judicial process.  
It is, therefore, the policy of the Supreme Court that there shall be no discrimination because 

  T

  S

Policy on Non-Discrimination and Equal Employment Opportunity 

Policy on Non-Discrimination and Equal Employment Opportunity  

2 

f  race,  color,  sex,  sexual  orientation,  gender  identity  or  expression,  national  origin,  age, 
disability,  or  religion  by  any  Personnel  of  the  System,  Supreme  Court  Boards  and 
Committees, or Related Staff in any employment-related action (e.g., hiring, promotion, terms 
or privileges of employment, etc.), or by any Personnel of the System, Supreme Court Boards 
and Committees, Related Staff or attorney in any court-related action.  

ccordingly,  all  judicial  officers,  managerial  and  supervisory  Personnel  of  the  System,  and 
Supreme Court Boards and Committees shall ensure adherence to and compliance with this 
Policy and the procedures intended to facilitate its implementation and administration.   

rohibition Against Discrimination and Harassment 

iscrimination  and  harassment  because  of  race,  color,  sex,  sexual  orientation,  gender 
identity  or  expression,  national  origin,  age,  disability,  or  religion  are  prohibited.  Such 
discrimination  and  harassment  constitute  an  abuse  of  authority  that  will  not  be  tolerated  by 
the  UJS.    Further,  such  discrimination  and  harassment  constitute  misconduct,  warranting 
appropriate disciplinary action.  All judicial officers, managerial and supervisory Personnel of 
the  System,  and  Supreme  Court  Boards  and  Committees  shall  ensure  adherence  to,  and 
compliance with, this Policy. 
     
1.  Prohibition Against Discrimination  
 

Under  this  Policy,  discrimination  includes  actions  by  an  individual  or  organization  that 
cause  an  individual  or  a  group  of  individuals  to  be  denigrated  or  treated  less  favorably 
than  another  person  or  group  because  of  one’s  race,  color,  sex,  sexual  orientation, 
gender 
identity  or  expression,  national  origin,  age,  disability,  or  religion.  Such 
discriminatory conduct may include, but is not limited to, actions relating to the following: 

1.  Recruitment  and  hiring  by  Personnel  of  the  System,  Supreme  Court  Boards  and 

Committees, or Related Staff;  or 

2.  Provision of salary, benefits, or other terms or conditions of employment by Personnel 

of the System, Supreme Court Boards and Committees, or Related Staff; or 

3.  Provision  of  training  and  other  education  opportunities  by  Personnel  of  the  System, 

Supreme Court Boards and Committees, or Related Staff; or 

4.  Promotions,  transfers,  discharge  or  other  employment  actions  by  Personnel  of  the 

System, Supreme Court Boards and Committees, or Related Staff; or 

5.  Any matter relating to the judicial process by Personnel of the System, Supreme Court 

Boards and Committees, Related Staff or attorneys. 

    o

  A

    P

 D

 

 

 

 

 

 

.  Prohibition Against Harassment  

a.  Sexual Harassment  

Sexual  harassment  is  sex  discrimination.    Equal  Employment  Opportunity  Commission 
(EEOC)  guidelines  define  sexual  harassment  as  unwelcome  sexual  attention,  sexual 
advances,    requests  for  sexual  favors  and  other  verbal  or  physical  conduct  of  a  sexual 
nature where: 

1.  The submission to or rejection of such conduct is made either explicitly or implicitly 

a term or condition of an individual’s employment; or 

2.  The 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  unreasonably  interfering  with  an 
individual’s  work  performance  or  creating  an  intimidating,  hostile,  or  offensive 
working environment. 

Sexual  harassment  does  not  refer  to  socially  acceptable  behavior  or  occasional 
compliments  of  a  socially  acceptable  nature.    It  refers  to  behavior  that  a  reasonable 
person could and does consider unwelcome or personally offensive.  Sexual harassment 
involves  improper  behavior  or  requests  that  establish  improper  quid  pro  quo  workplace 
requirements of a sexual nature, or which otherwise create a hostile work environment for 
a reasonable person of that gender.  Types of sexual harassment include: 

1.  “Quid  Pro  Quo”  Harassment  –  Is  when  an  individual  in  a  position  of  authority 
demands  sexual  consideration  in  exchange  for  the  promise  of  a  job,  certain  job 
benefits such as raises or promotions, or the promise of continued employment. 

2.  “Hostile  Work  Environment”  Harassment  –  Is  when  unwelcome  sexual  advances, 
requests  for  sexual  favors  or  other  verbal  or  physical  conduct  of  a  sexual  nature 
create  an  atmosphere  which  unreasonably  interferes  with  an  individual’s  work 
performance  or  creates  an  intimidating,  hostile,  or  offensive  work  environment for 
any individual.   

Sexual  harassment  may  take  different  forms  including,  but  not  limited  to,  the  following 
examples. 

1.  Verbal:  Sexually  explicit  language,  sexual  innuendoes,  suggestive  comments, 

jokes of a sexual nature, sexual propositions or threats. 

2.  Non-Verbal:  Display  of  sexually  suggestive  objects  or  pictures,  commentaries, 

suggestive or insulting sounds, leering, whistling, or obscene gestures. 

3.  Physical:  Unwanted  physical  contact,  or  the  threat  of  unwanted  physical  contact, 
including  offensive  touching,  un-welcomed  sexual  intercourse,  sexual  assault  and 
other forms of physical contact of a sexual nature. 

 

 

    2

 

 

 

 

 

 

 

 

 

 

Policy on Non-Discrimination and Equal Employment Opportunity  

3 

b.  Racial and Other Harassment 

Under  this  Policy,  racial  and  other  harassment  is  verbal  or  physical  conduct  that 
denigrates or shows hostility or aversion toward an individual because of that individual’s 
race,  color,  sexual  orientation,  gender  identity  or  expression,  national  origin,  age, 
disability, or religion.  Harassing conduct may include, but is not limited to, the following: 

1.  Verbal: Epithets, slurs, stereotyping, or denigrating jokes. 

.  Non-Verbal: Display of written or graphic materials that denigrate or show hostility 
or aversion toward an individual or group in such a manner as to be readily viewed 
by others. 

.  Physical: Threatening, intimidating, or hostile acts. 

 

 2

 3

rohibition Against Retaliation 

in  any 

Retaliation 
form  against  any  person  who  complains  about  harassment  or 
discrimination, who files a harassment or discrimination complaint, or who cooperates with, or 
assists  in,  the  investigation  of  such  complaints  is  prohibited  under  this  Policy.    Retaliation 
constitutes an abuse of authority, and will not be tolerated.  Retaliation by any Personnel of 
the  System,  Supreme  Court  Boards  and  Committees,  or  Related  Staff  will  be  considered 
misconduct  warranting  disciplinary  action.  All  judicial  officers,  managerial  and  supervisory 
Personnel  of  the  System,  and  Supreme  Court  Boards  and  Committees  shall  ensure 
adherence to and compliance with this Policy. 

harges  of  retaliation will  be  viewed  as  separate  and  distinct from  the  original  complaint  or 
action which precipitated the alleged retaliation and may form the basis for a new complaint.  
Retaliation  may  result  in  disciplinary  action  even  though  the  original  harassment  or 
discrimination complaint was determined to be unfounded and dismissed. 

ompliance and Reporting Responsibilities 

All Personnel of the System, Supreme Court Boards and Committees, and Related Staff are 
expected  to  comply  with  this  Policy,  and  all  judicial  officers,  managerial  and  supervisory 
Personnel of the System, and Supreme Court Boards and Committees are obligated to take 
appropriate  measures  to  ensure  that  prohibited  conduct  does  not  occur,  or  is  properly 
reported, if observed.   

ersonnel  of  the  System  and  Supreme  Court  Boards  and  Committees  who  engage  in  any 
form  of  prohibited  discrimination  or  harassment  within  a  Court  Facility  may  be  subject  to 
disciplinary action.  

elated Staff who serve the UJS and who engage in any form of prohibited discrimination or 
harassment  within  a  Court  Facility  will  be  reported  to  the  chief  official  in  their  Related  Staff 
offices for appropriate review and action.  With respect to violations of this UJS Policy by  

   

 

  P

  C

  C

  P

  R

Policy on Non-Discrimination and Equal Employment Opportunity  

4 

elated Staff, the Supreme Court expects each Related Staff office to take discrimination and 
harassment  complaints  very  seriously  and  to  properly  investigate  and  adjudicate  such 
complaints.  

ny  Personnel  of  the  System,  Supreme  Court  Boards  and  Committees,  Related  Staff,  or 
Court  Users  who  feel  they  have  been  subjected  to,  or  have  observed,  any  form  of 
discrimination or harassment in any judicial process or Court Facility are urged to report such 
discrimination  or harassment  in accordance  with  the  published  UJS  Non-Discrimination and 
Equal  Employment  Opportunity  Complaint  Procedures  which  are  posted  as  a  companion 
document to this Policy.   

ny  Personnel  of  the  System,  Supreme  Court  Boards  and  Committees,  Related  Staff  or 
Court  Users  who  do  not  have  access  to  these  complaint  procedures  may  obtain  a  copy  of 
these  procedures  from  their  local  personnel  office,  AOPC  Human  Resources  at  717-231-
3309, or the UJS Website at www.pacourts.us.   
  
Judicial  officers,  managerial  and  supervisory  Personnel  of  the  System,  and  Supreme  Court 
Boards  and  Committees  who  observe,  or  have  reason  to  believe  that  discrimination  or 
harassment has occurred in a Court Facility, must (1) take immediate action to terminate any 
ongoing  harassment/discrimination  if  they  are  reasonably  able  to  do  so;  or  (2)  immediately 
the  UJS  Non-
report  such  harassment/discrimination, 
Discrimination and Equal Employment Opportunity Complaint Procedures referenced above.  

if  possible,  as  described 

in 

iling Complaints under This Policy 

The  UJS  Non-Discrimination  and  Equal  Employment  Opportunity  Complaint  Procedures 
accompanying this Policy offer guidance as to how to file complaints of alleged harassment 
or  discrimination  as  described  in  this  Policy.    Specific  procedures  have  been  created  for 
Personnel of the System, Supreme Court Boards and Committees, and Related Staff based 
on their organizational entity.  Separate procedures have been created for Court Users doing 
business  with  the  UJS  in  a  Court  Facility.  Complaints  should  be  filed  with  the  office 
designated  in  each  procedure  document  either  by  phone,  by  email,  or  by  using  the  Non-
Discrimination Plan Complaint Form available on the UJS website at www.pacourts.us. 

f the appropriate procedures are not immediately available, complainants may obtain a copy 
of these procedures from their local personnel office, AOPC Human Resources at 717-231-
3309, or the UJS Website at www.pacourts.us. 

nvestigation and Adjudication of Complaints 

All complaints alleging harassment or discrimination will be fully investigated and adjudicated 
by  duly  designated  authorities  of  the  UJS.    Such  authorities  are  identified  in  the  complaint 
procedures which are posted as a companion document to this Policy.  
 

    R

  A

  A

  F

  I

  I

Policy on Non-Discrimination and Equal Employment Opportunity  

5 

isciplinary or Remedial Actions  

Violations  of  this  Policy  may  result  in  disciplinary  action  as  prescribed  by  the  appropriate 
policies, which govern the behavior and performance of Personnel of the System, Supreme 
Court Boards and Committees, and Related Staff.  In addition to such discipline, appropriate 
remedial actions will be taken by the employing authority to (1) remedy the instant complaint, 
and (2) prevent future violations. 

esponsibility to Monitor the Implementation and Enforcement of this Policy 

For  UJS  offices  employing  Personnel  of  the  System  and  Supreme  Court  Boards  and 
Committees,  the  AOPC  shall  undertake  those  measures  necessary  to  properly  monitor 
compliance with this Policy through the following actions: 
 

1.  Develop  and  promote  policies  and  procedures  designed  to  ensure  equal 
employment opportunity and fair and non-discriminatory treatment of the protected 
classes listed in this Policy. 

2.  Develop the administrative policies and procedures needed to ensure that alleged 

violations of this Policy can be appropriately investigated on a timely basis. 

3.  Collect  data  related  to  the  hiring  and  employment  practices  of  each  UJS  office 
employing  Personnel  of  the  System  and  Supreme  Court  Boards  and  Committees 
and conduct related audits of equal employment opportunity and non-discrimination 
practices. 

4.  Collect and maintain data/statistics relating to the number, nature, and disposition 

of complaints filed under this Policy. 

5.  Work with each UJS office employing Personnel of the System and Supreme Court 
Boards  and  Committees  to  oversee  the  development  of  education  and  training 
opportunities and materials designed to promote and ensure proper adherence to 
these policy guidelines. 

or  those  offices  employing  Related  Staff,  the  Supreme  Court  expects  each  office  to  take 
appropriate  steps  to  monitor  and  enforce  this  Policy  through  1)  the  development  of 
administrative  policies  and  procedures,  2)  the  collection  of  data  and  statistics,  and  3)  the 
development of education and training opportunities and materials. 

enalties for Misconduct 

Any  Personnel  of  the  System  or  Supreme  Court  Boards  and  Committees  who  have  been 
found to have violated this Policy, impeded the investigation of any complaint filed under this 
Policy,  or  retaliated  against  individuals  who  have  provided  evidence  or  have  otherwise 
cooperated  with  any  investigation  of  a  complaint  filed  under  this  Policy,  may  be  subject  to 
appropriate remedial or disciplinary action up to and including discharge, as provided by the 
policies governing their employment with the UJS. 
 

    D

  R

 

 

 

 

  F

  P

Policy on Non-Discrimination and Equal Employment Opportunity  

6 

ny  Related  Staff  serving  the  UJS  who  have  been  reported  to  officials  in  their  respective 
offices  for  appropriate  review  and  action  and  have  been  found  to  have  violated  this  Policy, 
impeded  the  investigation  of  any  complaint  filed  under  this  Policy,  or  retaliated  against 
individuals who have provided evidence or have otherwise cooperated with any investigation 
of a complaint filed under this Policy, may be subject to appropriate remedial or disciplinary 
actions, as provided by the policies of their respective offices. 

he Supreme Court expects each Related Staff office serving the UJS to take such violations 

very seriously and to apply appropriate remedial or disciplinary actions.  

ny judicial officer or attorney who - after proper investigation by the appropriate authority - 
has been found to have violated this Policy, impeded the investigation of any complaint filed 
under  this  Policy,  or  retaliated  against  individuals  who  have  provided  evidence  or  have 
otherwise  cooperated  with  any  investigation  of  a  complaint  filed  under  this  Policy,  may  be 
subject to appropriate remedial or disciplinary action by the Disciplinary Board (in the case of 
attorneys) or the Court of Judicial Discipline (in the case of judicial officers.) 

xclusion of Judicial Proceedings and the Judicial Decision-Making Process  

This Policy does not apply to a judicial officer’s or attorney’s consideration of, or reference to, 
a protected class as referenced above, when such consideration or reference is appropriate 
under  the  law  and  is  relevant  to  an  issue  in  a  judicial  proceeding,  to  the  judicial  decision-
making process or to the proper administration of justice.   

istribution of Policy and Procedures  

ersonnel of the System - A copy of this Policy and accompanying complaint procedures will 
be  provided  initially  to  all  current  employees  and  will  be  posted  prominently  in  visible 
locations  within  Court  Facilities.  Thereafter,  a  copy  of  this  Policy,  with  accompanying 
complaint procedures, will be distributed to all new Personnel of the System upon their entry 
into judiciary service. 

upreme Court Boards and Committees – Copies of this Policy and accompanying complaint 
procedures  will  be  provided  initially  to  the  administrator  of  each  Supreme  Court  Board  and 
Committee for distribution to all current employees and appointed members and for posting 
prominently  in  visible  locations  within  Court  Facilities.  Thereafter,  the  administrator  of  each 
Supreme Court Board and Committee will distribute a copy of this Policy, with accompanying 
complaint procedures, to all new staff and appointed members upon their entry into judiciary 
service or appointment to a board/committee. 

elated  Staff  –  A  copy  of  this  Policy  and  accompanying  complaint  procedures  will  be 
provided to the chief official in each Related Staff office for duplication and distribution to all 
current employees and new Related Staff upon their entry into service.   

ourt  Users  –  A  copy  of  this  Policy  and  accompanying  complaint  procedures  will  be 
prominently  posted  in  a  location  visible  to  all  Court  Users  within  each  Court  Facility.

    A

  T

  A

  E

  D

 P

  S

  R

  C

Policy on Non-Discrimination and Equal Employment Opportunity  

7 

                                                                                   

 

 
Published: 1/1/2008 
Revised: 11/2013 
Revised: 7/2016