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 a term or condition of an individual’s employment, either explicitly or implicitly;
(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) Conduct which may constitute SEXUAL HARASSMENT includes, but is not limited to:
(1) Verbal harassment: sexual innuendos, suggestive comments, insults, humor, jokes about: sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates; or, statements of a sexual nature about other employees, even outside of their presence;
(2) Non-verbal harassment: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, catcalls, smacking or kissing noises;
(3) Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites;
(4) Physical harassment: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault;
(5) Textual/electronic harassment: sexting (electronically sending messages with sexual content, including pictures or video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (email/text/picture/video messages, intranet/online postings, blogs, instant messages and posts on social network websites like Facebook and Twitter).
(C) 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. 2020-19, passed 8-10-2020)