About the policy
1. What is the Trial Court’s policy on discrimination, harassment and retaliation?
The Massachusetts Trial Court prohibits discrimination and harassment based on protected characteristics (see question 4 regarding protected characteristics). The Policy also protects any party who participates in any discrimination complaint-related activities, such as filing a complaint or providing a witness statement. The Policy is available upon request.
2. How does the Trial Court enforce this Policy?
The Trial Court’s Office of Workplace Rights and Compliance or OWRC is responsible for carrying out the requirements of the Policy. OWRC is an independent office within the Trial Court that responds to complaints of discrimination, harassment and retaliation based on a protected characteristic (see question 4 regarding protected characteristics).
OWRC staff screen all complaints. Complaints that may constitute discrimination and harassment or retaliation based on a protected characteristic will be addressed by OWRC. OWRC has the authority to try to resolve the complaint informally between the parties or proceed to full investigation (see question 10). However, OWRC may refer complaints that do not constitute a violation of this Policy to another more appropriate office within the Trial Court. OWRC will inform a complaining party of next steps, whether that is informal resolution, referral or full investigation after receiving a complaint.
3. As a court user, am I covered by this Policy?
Yes. Court users, including litigants, witnesses, attorneys, jurors, and members of the public, are covered by the Policy. It also includes non-employee service providers, such as contractors, interns, and volunteers. If you are a court user or non-employee service provider, you are entitled to access the Trial Court and be free from discrimination and harassment based on protected characteristics while engaging in Trial Court business. The Policy further protects you from retaliation if you assert your rights under this policy.
Additionally, as the Trial Court is responsible for providing a workplace that is free of discrimination and harassment for its employees, if a court user or non-employee service provider engages in conduct that is discriminatory or harassing toward Trial Court employees in violation of the Policy, the Trial Court is entitled to take reasonable steps to respond to such conduct on behalf of its employees under this Policy.
4. What are “protected characteristics”?
Protected characteristics are race, color, sex (including sexual harassment, pregnancy, childbirth and medical conditions related to pregnancy or childbirth, and breastfeeding), age (over 40), disability, sexual orientation, gender identity, military service or veteran status, religion or religious creed, national origin, genetic information, ancestry. These protected characteristics are defined by state and/ or federal law.
The Policy prohibits discrimination or harassment of individuals requesting a reasonable accommodation for reasons due to a disability, pregnancy, or religious observances.
Filing a complaint
5. I have made a complaint to the Trial Court regarding discrimination or harassment. What can I expect to happen next?
A member of the OWRC staff will be in contact with you to discuss the nature of your complaint. Depending on the circumstances, OWRC may engage with you in that moment to conduct an intake interview, or they may request to schedule an intake interview at slightly later date that is convenient for all involved.
Intake interviews mostly occur via telephone or video call. In most cases, two individuals from OWRC will be present for the interview. You should expect to be asked questions about your complaint including the names of the people involved, the location, date and time of the incident(s) in question and how it relates to protected characteristic(s). You may also be asked for any relevant documents and information about possible witnesses. You should also tell OWRC staff if and how the incident impacted you.
Importantly, the intake interview is also an opportunity for you to ask questions about OWRC, its processes, and to explore options for resolution with assistance from OWRC staff.
6. What are some of the options for addressing my complaint?
Depending on the complaint and the complaining party’s desired outcome, OWRC can present several options. Minimally, OWRC can hear your concerns and if you prefer not to pursue the matter any further, OWRC can simply establish a record of the matter.
OWRC can also facilitate informal resolutions. This may include a brief discussion, intervention or counseling with the responding party. If this option is taken, OWRC will notify you when that informal resolution has occurred, typically in writing.
The final option is that OWRC will conduct a full investigation (see Question 13).
7. I am concerned about protecting my identity through this process. What can OWRC do to help with this concern?
The Trial Court Policy permits an individual to file a complaint anonymously. While this is an option, it can present a challenge for OWRC staff to conduct a thorough investigation. Any complaint filed anonymously should be as detailed as possible with as much verifiable information as possible, like names of witnesses, dates, times and locations.
Alternatively, you may file a complaint with OWRC but request anonymity. OWRC will protect your identity as much as possible as it navigates its process. As with some complaints, however, an individual’s identity may be easily discernable by the responding and/or other witnesses based on the details and nature of the complaint even if your name is not disclosed.
In general, OWRC operates on a “need to know” basis. As such, limited information may be shared with select individuals who need to know for the purposes of maintaining court operations. This helps us to maintain the confidential nature of the process, protect the integrity of the investigation and support individuals who may be reluctant to speak up.
The Policy also prohibits retaliation. Thus, any court employee who retaliates against a complaining party or witness will be addressed by the Trial Court.
8. Is the Office of Workplace Rights and Compliance my only option to pursue my complaint?
No. Court users have the right to file a complaint with the Massachusetts Commission Against Discrimination (MCAD) while simultaneously filing with OWRC. The Equal Employment Opportunity Commission (EEOC) is also an option to address employment-related cases.
9. May I make a complaint against a Judge or a Clerk?
Yes. However, because of statutes providing special oversight of Trial Court judges, clerks, registers, and the recorder, the Office of Workplace Rights & Compliance (OWRC) will forward any complaints alleging discrimination, harassment, or retaliation by one of these officials to the Departmental Chief Justice.
The Departmental Chief Justice is responsible for investigating a complaint against a judge (or may designate OWRC to investigate on their behalf), except for complaints filed with the Commission on Judicial Conduct. For complaints against clerks, the Departmental Chief Justice may investigate, may authorize OWRC to investigate, or refer the complaint to the Trial Court Committee on Professional Responsibility for Clerks of the Courts for investigation.
During the process
10. I do not want to meet with OWRC staff alone. May I bring a representative?
Yes. However, it is your responsibility to ensure your representative’s availability for the purpose of the intake meeting. OWRC staff can be flexible if it is necessary to accommodate multiple schedules. In addition, a representative may be present to consult and advise you, however, they should not expect to answer questions on your behalf.
11. May I audio record the intake meeting?
OWRC does not generally permit audio recording meetings. Instead, OWRC staff will take notes of the meeting, and you may also take notes if you so choose. Accommodations may be made for persons with disabilities.
12. What if I have additional information to report after my intake interview?
If you omitted relevant information or new information has come to your attention, you should notify your OWRC point of contact. If necessary, OWRC staff can schedule additional interviews to gather relevant additional information.
13. What does a “full investigation” entail?
The process for investigating is laid out in the Policy. Here is a quick overview:
- After the intake is complete, OWRC staff will contact and interview witnesses and review relevant documentary evidence, if it is available.
- OWRC will notify the responding party of the allegations against them, meet with them and provide them with an opportunity to respond to the allegations. They may also have access to a copy of your complaint.
- OWRC will take all the relevant information, analyze it, and draft a report which documents its investigatory steps, findings of fact and findings related to the potential violations of the Policy.
- OWRC will share a draft of its report with the appropriate manager in the Trial Court.
- The Director of OWRC will finalize the report after consultation with the appropriate manager.
The OWRC investigator will send detailed close letters to the complaining and responding parties informing them of the conclusion of the investigation. The letter describes the findings of fact and conclusions reached. The parties do not receive the full investigation report.
After the investigation
14. My complaint was substantiated (or unsubstantiated) what does that mean?
If OWRC substantiates your claim, it means that there was sufficient evidence to find that the incident more likely than not occurred and that the conduct in question violated Trial Court Policy against discrimination, harassment and retaliation.
If OWRC does not substantiate your claim, it could be for various reasons. For example:
- There was insufficient evidence to support the factual basis for the claim.
- An incident may have occurred, but the incident cannot be connected to any protected classification.
- An incident may have occurred, but there was sufficient evidence to show that actions giving rise to the claim were grounded in a legitimate, non-discriminatory rationale.
OWRC will presume that complaints are filed in good faith. If we do not substantiate a claim, it is not proof that a person knowingly filed false claim.
15. If I disagree with the conclusion of the investigation, may I appeal?
There is no appeal process for an OWRC investigation, and the conclusions are final. Other avenues, such as MCAD or EEOC, as previously noted, may be available to you. (see question 9).
Contact
Online
Phone
Address
| Date published: | November 4, 2019 |
|---|---|
| Last updated: | May 13, 2026 |