§ 36.031  PROHIBITED OR HARASSING BEHAVIOR DEFINED.
   (A)   HARASSMENT means any unwelcome or offensive conduct, whether written, verbal or physical, which is:
      (1)   Directed at or to an employee because of the employee's age, color, disability, ethnicity, gender, sexual orientation, national origin, race, religion or veteran status; or
      (2)   Directed toward any person concerning an individual, or a class of individuals, because of the age, color, disability, ethnicity, gender, sexual orientation, national origin, race, religion or veteran status of the individual or class of individuals.  For example, racial or ethnic slurs or derogatory epithets are prohibited in the workplace, regardless of whether a member of the racial or ethnic group is present when the statement is made.  HARASSMENT does not refer to occasional compliments or other statements of a socially acceptable nature.  HARASSMENT refers to behavior that is unwelcome and is so offensive and/or persistent as to create, or have the potential of creating, an intimidating, hostile or offensive working environment for any employee.
   (B)   SEXUAL HARASSMENT may include the following:
      (1)   Offensive or unwelcome sexual flirtations, advances or propositions, communicated verbally, by touch or in writing:
      (2)   Obscene or sexually suggestive comments about a person's body or demeanor;
      (3)   The use of “off color” language or “dirty jokes”;
      (4)   Printed or electronic display or transmission of sexually explicit photographs, drawings, greeting cards, articles, books, magazines, messages, cartoons or other images;
      (5)   Electronic messaging, including but not limited to, emails, blogs, chat rooms and the like;
      (6)   Conduct with sexual implication that has the purpose or the effect of interfering with work performance or creating an intimidating, hostile or offensive work environment;
      (7)   Unwelcome or unnecessary touching of any part of another's body;
      (8)   Sexually degrading words to describe a person or a group of people;
      (9)   Slurs, threats, repeated commands or other offensive verbal or physical conduct relating to a person's sex or sexual orientation.
(1985 Code, § 260-10)  (Ord. 01-02, passed 2-12-2001; Am. Ord. 05-04, passed 2-28-2005; Am. Ord. 2012-02, passed 1-9-2012)