For the purposes of this article,
sexual harassment means any of the following:
(1) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual display of a sexual nature directed by an officer or employee to a second officer or employee when:
(A) Submission to the advances, requests, or conduct is a term or condition of the second officer’s or employee’s employment;
(B) Submission to or rejection of the advances, requests, or conduct is used as the basis for employment decisions relating to the second officer or employee; or
(C) The advances, requests, conduct, or visual display has the purpose or effect of:
(i) Substantially interfering with the second officer’s or employee’s work performance; or
(ii) Creating an intimidating, hostile, or offensive working environment for the second officer or employee;
(2) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual display of a sexual nature directed by an officer or employee to an individual under consideration for city employment when:
(A) Submission to the advances, requests, or conduct is used as a term or condition for the employment of the individual;
(B) Submission to or rejection of the advances, requests, or conduct is used as the basis for a decision to employ or reject the individual; or
(C) The advances, requests, conduct, or visual display has the purpose or effect of:
(i) Substantially interfering with the individual’s ability to display qualifications for city employment; or
(ii) Creating an intimidating, hostile, or offensive environment in which the individual seeks city employment; or
(3) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual display of a sexual nature directed by an officer or employee to an individual engaged in business or other activity with the city when:
(A) Submission to the advances, requests, or conduct is a term or condition of the individual’s engagement in business or other activity with the city;
(B) Submission to or rejection of the advances, requests, or conduct is used as the basis for a decision on the individual’s engagement in business or other activity with the city; or
(C) The advances, requests, conduct, or visual display has the purpose or effect of:
(i) Substantially interfering with the individual’s engagement in business or other activity with the city; or
(ii) Creating an intimidating, hostile, or offensive environment in which the individual engages in business or other activity with the city.
(1990 Code, Ch. 1, Art. 17, § 1-17.1) (Added by Ord. 93-84)