(A) (1) Federal regulations define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when:
(a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;
(b) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or
(c) Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
(2) These are some examples of behaviors that could be defined as sexual harassment:
(a) Pressure for sexual activity;
(b) Asking about a person’s sexual fantasies, sexual preferences, or sexual activities;
(c) Unwelcome patting, hugging, or touching of a person’s body, hair, or clothing;
(d) Repeatedly asking for a date after the person has expressed disinterest;
(e) Sexual innuendoes, jokes, or comments;
(f) Making sexual gestures with hands or through body movements;
(g) Disparaging remarks to a person about his or her gender or body;
(h) Making suggestive facial expressions; or
(i) Sexual graffiti or visuals.
(3) Whether these behaviors constitute sexual harassment depends upon the totality of the circumstances, considering the seriousness, frequency and pervasiveness of the actions, as well as whether the conduct is unwelcome.
(B) There are two types of sexual harassment: Quid Pro Quo and Hostile Environment.
(1) Quid Pro Quo sexual harassment occurs when an individual’s submission to or rejection of sexual advances or conduct of a sexual nature is used as the basis for employment decisions affecting the individual or the individual’s submission to the conduct is made a term or condition of employment.
(2) Hostile Environment sexual harassment occurs when unwelcome sexual conduct reasonably interferes with an individual’s job performance or creates a hostile, intimidating or offensive work environment even though the harassment may not result in tangible or economic job consequences, that is, the person may not lose pay or a promotion.
(Ord. 00-05, passed 4-10-00; Am. Ord. 08-24, passed 10-27-08)