For purposes of this chapter, the Village adopts the definition of sexual harassment used in the Illinois Human Rights Act. Under the Human Rights Act sexual harassment is defined as:
A. Any unwelcome sexual advances or requests for sexual favors or any 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,
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 substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.
B. Additionally, the following conduct may also constitute sexual harassment:
1. Verbal: Sexual innuendos, suggestive comments, insults, humor, jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates or statements about other employees of a sexual nature, even outside of their presence. The use of terms such as "honey", "darling", and "sweetheart" may be objectionable to many individuals who believe that these terms undermine their authority and their ability to deal with others on an equal and professional level. Therefore, employees should treat each other with respect and refrain from using names or terms that may be offensive.
2. Non-verbal: Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.
3. Visual: Displaying or circulating posters, signs, pin-ups or slogans of a sexual nature and viewing or circulating pornographic material or websites.
4. Physical: Unwelcome touching, hugging, kissing, pinching, brushing up or against the body, any coerced sexual act, battery or assault.
5. Textual/electronic: "Sexting" (defined as sending electronic messages with sexual content and/or verbiage, which may or may not include the sending of pictures and video), cyber stalking, the use of sexually explicit language, harassment, and threats via all forms of electronic communication (including e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook, Twitter, Instagram, Snapchat, or other similar social networking platforms).
The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on individual perception and interpretation. A "reasonable person" standard shall apply to assess claims of sexual harassment and determine what constitutes offensive behavior. (Ord. 2018-01, 1-3-2018)