Sexual harassment means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:
A. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
B. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
C. 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. For purposes of this definition, the phrase "working environment" is not limited to a physical location an employee is assigned to perform his or her duties and does not require an employment relationship.
Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess or sexual deficiencies; leering; catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail, text messages or other workplace communications); and other physical, verbal or visual conduct of a sexual nature.
Sexual harassment against employees, independent contractors, elected officials, members of the public, and anyone else in the workplace is expressly prohibited. Moreover, sexual harassment is expressly prohibited in any work-related setting outside the workplace, such as during business trips, professional conferences, business meetings and business-related and/or the City sponsored social events.
Any employee who engages in practices or conduct constituting sexual harassment shall be subject to disciplinary action, up to and including discharge. Any official of the City who engages in practices or conduct constituting sexual harassment shall be subject to appropriate remedial action, up to and including removal from office.
(Ord. 18-O-2, 1-2-2018, eff. 1-2-2018; amd. Ord. 20-O-27, 10-6-2020)