This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment 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. While it is not easy to define precisely what types of conduct could constitute sexual harassment, examples of prohibited behavior include:
1. Unwelcomed sexual advances;
2. Requests for sexual behaviors;
3. Obscene gestures;
4. Displays of sexually graphic photos, calendars, posters, or magazines;
5. Sexually explicit e-mails or text messages;
6. Uninvited touching of a sexual nature;
7. Sexually related comments;
8. Any verbal or physical conduct of a sexual nature;
9. Sexual joking, vulgar or offensive conversations or jokes; and/or
10. Teasing or conduct toward a person because of their gender.
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. The courts will assess sexual harassment by a standard of what would offend a "reasonable person." (Ord. 01-18-002, 1-16-2018; amd. Ord. 02-21-003, 2-18-2021)