A. All persons have a right to work in an environment free from sexual harassment. No employee, employee of an officer, or an officer shall sexually harass any person, regardless of any employment relationship or lack thereof while acting within the scope of their employment, during compensated time, or while on the property of the County of McHenry.
B. Sexual harassment, according to the Equal Employment Opportunity Commission and the Illinois Department for Human Rights, and for purposes of this Ordinance, consists of unwelcome sexual advances, requests for sexual favors, other verbal, nonverbal, or physical acts of a sexual or sex-based nature, where:
l. submission to such conduct is made either explicitly or implicitly a term or condition of an employee, employee of an officer, or an officer's employment;
2. an employment decision affecting an employee, employee of an officer, or an officer is based on that employee, employee of an officer, or officer's acceptance or rejection of such conduct; or
3. such conduct interferes with an employee, employee of an officer, or an officer's work performance or creates an intimidating, hostile, or offensive working environment.
C. Sexual harassment can occur between men and women or between members of the same gender. This behavior is unacceptable in the workplace itself and in other work-related settings such as business trips, court appearances, and business-related social events.
D. Harassment affects the victim and other employees as well. Each incident of harassment contributes to a general atmosphere in which everyone suffers the consequences. Sexually-oriented or sex-based conduct has no legitimate business purpose. Where such conduct is directed by a supervisor (or someone in a higher management position) toward a subordinate, the former will be held to a higher standard of accountability because of the degree of control and influence he or she has or is perceived to have over the employment conditions and benefits of the subordinate.
E. Prohibited Conduct. Prohibited acts of sexual harassment can take a variety of forms ranging from subtle pressure for sexual activity or contact to physical contact. At times the offender may be unaware that his or her conduct is offensive or harassing to others. Examples of conduct which could be considered sexual harassment include, but are not limited to:
1. persistent or repeated unwelcome flirting, pressure for dates, sexual comments, or touching;
2. sexually suggestive jokes, gestures, or sounds directed toward another or sexually oriented or degrading comments about another;
3. preferential treatment of an employee, employee of an officer, or an officer, or a promise of preferential treatment to an employee, employee of an officer, or an officer, in exchange for dates or sexual conduct; or the denial or threat of denial of employment, benefits, or advancement for refusal to consent to sexual advances:
4. the open display of sexually oriented pictures, posters, calendars, reading materials, or other material offensive to others; and
5. retaliation against an employee, employee of an officer, or an officer for reporting or complaining about sexually harassing conduct.
(Ord. O-202002-12-013, passed 2-18-2020)