For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PHYSICAL HARASSMENT. Assault, impeding or blocking movement, leering, or the physical interference with normal work, privacy, or movement, when such conduct is directed at an individual on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, pregnancy, sexual orientation, gender, or age. This includes pinching, patting, grabbing, groping, inappropriate behavior at or near bathrooms, sleeping facilities, and eating areas, or making explicit or implied threats or promises in return for submission of physical acts.
SEXUAL HARASSMENT. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or the person's status or activity associated with the village.
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment, membership, promotion, participation, or activity associated with the village.
(3) Such conduct has the purpose or effect of substantially interfering with an individual's work or participation performance in an activity associated with the village by creating an intimidating, hostile or offensive working environment. For purposes of this policy the phrase WORKING ENVIRONMENT is not limited to a physical location where a person is assigned to perform his or her duties and it does not require an employment relationship.
SEXUAL MISCONDUCT. Defined as follows:
(1) Sexual harassment as defined above;
(2) Rape or sexual contact by force, threat or intimidation; and
(3) Sexual conduct (such as, but not limited to, offensive, obscene or suggestive language or behavior, unacceptable visual contact, unwelcome touching or fondling) that is injurious to the physical or emotional health of another.
VERBAL HARASSMENT. Epithets, derogatory comments, slurs, propositioning, or otherwise offensive words or comments on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, pregnancy, sexual orientation, gender, or age, whether made in general, directed to an individual or to a group of people regardless of whether the conduct was intended to harass. This includes, but is not limited to, inappropriate sexually oriented comments on appearance, including dress or physical features, sexual rumors, code words, and race oriented stories.
VISUAL FORMS OF HARASSMENT. Derogatory, prejudicial, stereotypical, or otherwise offensive posters, photographs, cartoons/ notes, bulletins, drawings, objects or pictures on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, pregnancy, sexual orientation, gender, or age. This applies to both posted material or material maintained in or on village equipment or personal property in the workplace.
(Ord. 18-01, passed 2-6-2018)