This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq., 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 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 that 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 that may constitute SEXUAL HARASSMENT includes:
(1) Verbal: sexual innuendos, suggestive comments, insults, humor and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature;
(2) Nonverbal: 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 web sites;
(4) Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault;
(5) Textual/electronic: SEXTING (electron-ically 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 web sites 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. 18-01, passed 1-4-2018)