§ 35.047  DISCRIMINATION/SEXUAL HARASSMENT.
   (A)   Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purpose of this subchapter, sexual harassment is defined, as in the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when, for example:
      (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 unreasonably interfering with an individual’s work performance or creating an intimidating or offensive working environment.
   (B)   Sexual harassment may include a range of subtle and not-so-subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to:
      (1)   Unwanted sexual advances or requests for sexual favors;
      (2)   Sexual jokes and innuendo;
      (3)   Improper use of email or voice mail;
      (4)   Verbal abuse of a sexual nature;
      (5)   Comments about an individual’s body, sexual prowess or sexual deficiencies;
      (6)   Leering, whistling or touching;
      (7)   Insulting or obscene comments or gestures;
      (8)   Display in the work place of sexually suggestive objects or pictures, including screen savers or improper emails or attachments; and
      (9)   Other physical, verbal or visual conduct of a sexual nature.
      (10)   Harassment on the basis of any other protected characteristic is also strictly prohibited.
   (C)   Under this subchapter, harassment is verbal or physical conduct that derogates or shows hostility or aversion toward an individual because of his or her race, color, religion, sex (pregnancy, gender identity, and sexual orientation), national origin, age (40 and over), disability, genetic information as referenced in the Genetic Information Nondiscrimination Act (GINA), military service veteran status, or any other characteristic protected by law or that of his or her relatives, friends, or associates, and that:
      (1)   Has the purpose or effect of creating an intimidating, hostile, or offensive work environment;
      (2)   Has the purpose or effect of unreasonably interfering with an individual’s work performance; or
      (3)   Otherwise adversely affects an individual’s employment opportunities.
   (D)   Harassing conduct includes, but is not limited to:
      (1)   Epithets, slurs, or negative stereotyping;
      (2)   Threatening, intimidating or hostile acts; derogatory jokes; and
      (3)   Written or graphic material that derogates or shows hostility or aversion toward an individual or group or that is placed on walls or elsewhere on the employer's premises or circulated in the workplace.
   (E)   Individuals found to be performing such harassing conduct may be subject to disciplinary action, up to and including termination of employment.
   (F)   These policies apply to all applicants and employees, whether related to conduct engaged in by fellow employees or someone not directly connected to the town, such as an outside vendor, consultant, or citizen. Conduct prohibited by these policies is unacceptable in the workplace and in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events.