(A)   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      SEXUAL HARASSMENT.  Unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature or based on a person’s gender when:
         (a)   Submission to such conduct is made a term or condition of employment;
         (b)   Submission to or rejection of such conduct is used as a basis for employment decisions affecting an individual; or
         (c)   Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
   (B)   The following is a partial list of conduct that could be sexual harassment:
      (1)   Unwanted sexual advances or propositions;
      (2)   Offering employment benefits in exchange for sexual favors;
      (3)   Making or threatening reprisals after a negative response to sexual advances;
      (4)   Visual conduct (e.g., leering, making sexual gestures, displaying of sexually suggestive objects, pictures, cartoons, or posters);
      (5)   Verbal conduct (e.g., making or using derogatory comments, sexually explicit jokes, comments about an employee’s body or dress);
      (6)   Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, invitations or emails; and
      (7)   Physical conduct (e.g., touching, impeding or blocking movement).
   (C)   Sexual harassment on the job is unlawful whether it involves co-worker harassment or harassment by a supervisor or manager. All employees found to have been engaged in sexual harassment will be subject to disciplinary action, including possible termination.
(Ord. 13-09, passed 10-12-2009)