§ 35.39  SEXUAL HARASSMENT.
   (A)   The city strictly prohibits sexual harassment of employees in the workplace by an person in any form.  It is both illegal and against the policy of the city for any person, male or female, to sexually harass an employee.  The employer has identified three situations in which unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment:
      (1)   When an employee must submit to such conduct as a condition of employment;
      (2)   When decisions about an employee's job such as promotion, demotion, benefits and wages are based on submission to or rejection of such conduct; and
      (3)   When such conduct "unreasonably interferes" with job performance and creates an "intimidating, hostile or offensive" working environment.
   (B)   The first two categories are commonly referred to as "quid pro quo" sexual harassment, in which acquiescence to sexual advances or some type of sexual consideration is required in exchange for a tangible job benefit.  The third category prohibits sexual harassment based on a "hostile or offensive" work environment, even where there has been no conditioning of employment benefits for sexual favors.  Such harassment typically involves workplace conduct such as lewd or explicit sexual remarks, innuendos, jokes, gestures, touching, discussions of sexual activity, or the display of obscene or suggestive pictures or cartoons.
   (C)   The Board of Works is responsible for providing information regarding sexual harassment to employees and others and for reviewing/resolving complaints involving alleged sexual harassment.
(Ord. CO-96-1, passed 4-8-96)