(a) "Age" means age forty (40) and older
(b) "Color" means skin tone
(c) "Disability" means a physical or mental impairment that substantially limits one or more major life activities of the individual, including have a record of such impairment or being regarded as having such impairment.
(d) "Genetic information: means information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder, or condition of an individual's family members (i.e., an individual's family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.
(e) "Harassment" means unwelcomed, offensive conduct that creates a work environment that would be intimidating, hostile or offensive to reasonable people, when such conduct is based on a protected class, as defined herein.
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.
The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker or a member of the public.
The victim does not have to be the person harassed; but can be anyone affected by the offensive conduct.
Unlawful harassment may occur without economic injury to or discharge of, the victim.
(f) "National origin" means birthplace, ancestral, cultural, family descent or lineage; the linguistic characteristics common to a specific nationality; marriage or association with persons of a national origin group.
(g) "Race" means the physical, tribal, ancestral, cultural, geographic or linguistic characteristics common to a specific ethnic group or stock including but not limited to persons having origins in any of the original people of the Americas, Europe, Africa, Australia, Antarctica, or Asia.
(h) "Religion" means a system of moral and ethical standards as to what constitutes right and wrong which are sincerely held with the strength of traditional religious views.
(i) "Sex" means gender, as defined by State and Federal law and as further interpreted by Courts of appropriate geographic and subject-matter jurisdiction.
(j) "Sexual harassment" includes the definition above of "harassment" and also includes any unwelcome sexual advance, request for sexual favors or other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment.
Petty slights, annoyances and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, 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.
(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 unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sexual harassment can be committed by a person of either sex against a person of the opposite or same sex; and can occur in any workplace relationship. Sexual harassment could include, but is not limited to, sexually-oriented jokes or comments and verbal "kidding" or "teasing," gender-biased comments, subtle pressure for sexual activity, physical contact such as patting, pinching or brushing against another's body, and sexually explicit or suggestive posters, calendars or publications in the workplace.
(Ord. 2021-22. Passed 5-3-21.)