A. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as: 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.
One such example is where an individual is terminated by a supervisor or is denied employment opportunities and benefits after rejecting the supervisor's sexual advances or request(s) for sexual favors. Another example is where an individual is subjected to conduct by coworkers because of his or her gender which makes it difficult for the employee to perform his or her job.
B. Other conduct which may constitute sexual harassment includes:
1. Verbal: Sexual innuendos; suggestive comments; insults; humor or jokes about sex or anatomy or gender-specific traits; sexual propositions; threats; repeated requests for dates; or statements about other employees - even outside their presence - of a sexual nature.
2. Non-Verbal: Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking", or "kissing" noises.
3. Visual: Posters; signs; pin-ups; slogans of a sexual nature; or viewing pornographic material or websites.
4. Physical: Touching; unwelcome hugging or kissing; pinching; brushing the body; any coerced sexual act or actual assault.
5. Textual/Electronic: "Sexting" (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber-stalking and threats via all forms of electronic communication (e-mail, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).
While the most commonly recognized forms of sexual harassment involve the types of conduct described above, non-sexual conduct can also constitute a violation of the applicable laws when that conduct is directed at the victim because of his or her gender (such as when a female employee who reports to work every day finds her tools stolen, her work station filled with trash, and her equipment disabled by her male co-workers because they resent having to work with a woman).
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".
For this reason, every supervisor and employee must remember that seemingly "harmless" and subtle actions may lead to sexual harassment complaints. The use of terms such as "honey", "darling" and "sweetheart" is objectionable to many women who believe that these terms undermine their authority and their ability to deal with men on an equal and professional level. And while use of these terms by an individual with authority over a female employee will rarely constitute an adverse employment action, it may lead to the creation of a hostile work environment.
Another example is the use of a compliment that could potentially be interpreted as sexual in nature. Below are statements that might be made about the appearance of a woman in the workplace:
1. "That's an attractive dress you have on."
2. "That's an attractive dress. It really looks good on you."
3. "That's an attractive dress. You really fill it out well."
The first statement appears to be simply a compliment. The last is most likely to be perceived as sexual harassment, depending on individual perceptions and values. To avoid the possibility of offending an employee, it is best to follow a course of conduct above reproach, or to err on the side of caution.
D. Sexual harassment will often involve a man's conduct directed at a woman. However, it can also involve a woman harassing a man or harassment between members of the same gender.
The harassing employee will be subject to disciplinary action, up to and including discharge, in accordance with City or departmental policy or the terms of a collective bargaining agreement, as appropriate. (Res. 2018-4, 11-13-2018)