1-21-2: DEFINITIONS AND EXAMPLES:
   A.   Definition of Sexual Harassment: For the purposes of determining whether a particular course of conduct constitutes sexual harassment, and consistent with both Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991, and by the Illinois Human Rights Act, sexual harassment is defined as follows:
      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. "Working environment" is not limited to a physical location where an employee is assigned to perform his or her duties, and can include remote work locations, business trips, professional conferences, business meetings, and business-related social events.
   B.   Examples of Sexual Harassment: Some examples of conduct that may constitute sexual harassment include, but are not limited to:
      1.   Unwanted sexual statements - sexual or "dirty" jokes, comments on physical attributes, spreading rumors about or rating others as to sexual activity or performance, talking about one's sexual activity in front of others, and displaying or distributing sexually explicit drawings, pictures and/or written material. Unwanted sexual statements can be made in person, in writing, electronically (email, instant messaging, blogs, web pages, etc.), and otherwise.
      2.   Unwanted personal attention - letters, telephone calls, visits, pressure for sexual favors, pressure for unnecessary personal interaction, pressure for dates where a sexual/romantic intent appears evident but remains unwanted, and stalking.
      3.   Unwanted physical or sexual advances - touching, hugging, kissing, fondling, touching oneself sexually for others to view, sexual assault, intercourse, or other sexual activity.
      4.   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).
      5.   Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites.
      Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Although repeated incidents generally create a stronger claim of sexual harassment, a serious incident, even if isolated, can be sufficient.
   C.   Definition of Retaliation: For the purposes of determining whether a particular course of conduct constitutes sexual harassment, and consistent with both Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991, and by the Illinois Human Rights Act, Retaliation is defined as follows:
      1.   When an employer takes a materially adverse action because an individual has engaged, or may engage, in activity in furtherance of state, federal, or laws.
      2.   The reprimand, discharge, suspension, demotion, denial of promotion or transfer, or change in the terms or conditions of employment of any Village employee that is taken in retaliation for a Village employee's involvement in protected activity pursuant to this Policy.
   D.   Examples of Retaliation: Some examples of conduct that may constitute retaliation include, but are not limited to:
      1.   Reprimand the employee or give a performance evaluation that is lower than it should be;
      2.   Transfer the employee to a less desirable position;
      3.   Engage in verbal or physical abuse;
      4.   Threaten to make, or actually make reports to authorities (such as reporting immigration status or contacting the police);
      5.   Increase scrutiny;
      6.   Spread false rumors, treat a family member negatively (for example, cancel a contract with the person's spouse); or
      7.   Make the person's work more difficult (for example, punishing an employee for an EEO complaint by purposefully changing his work schedule to conflict with family responsibilities). (Ord. 2017-41, 12-5-2017; amd. Ord. 2020-17, 6-2-2020)