4-4 Equal Employment Opportunity Policy & Complaint Procedure -Section IV: Definitions

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Approved: Board of Supervisors
Authority: Human Resources
Resolution: 16-0333
Revised Date: September 2016

Read next: Section V: Complaints

IV: Definitions

1. Specific Definition of Sexual Harassment

   Sexual harassment is defined as any unwelcome sexual advance, request for sexual favors, or other verbal, physical or visual conduct of a sexual nature that occurs under any of these circumstances:

   1. Where submission to such conduct is either explicitly or implicitly a term or condition of employment, including advancement or receipt of other job-related benefits;

   2. Where submission to or rejection of such conduct by an employee is used as a basis for employment decisions affecting the employee;

   3. Where unlawful conduct unreasonably interferes with an employee's work performance or creates an intimidating, hostile or otherwise offensive working environment. The type of conduct that may constitute sexual harassment when it occurs under the foregoing circumstances includes making unsolicited written or oral communications and physical or visual contact with sexual overtones (e.g. making, sending, or displaying sexually suggestive or obscene letters, notes, invitations, slurs, jokes, gestures, objects, pictures, cartoons or posters). Note that conduct may constitute sexual harassment even when the harassing conduct was not motivated by sexual desire.

2. Other Forms of Harassment

   Unlawful harassment is unwelcome or offensive conduct with the purpose or effect of unreasonably interfering with an individual’s work performance, or which creates an intimidating, hostile or offensive working environment that is motivated by or directed to an employee on the basis of the employee’s race, color, ancestry, national origin, religious creed, belief or grooming, sex (including sexual orientation, gender identity, gender expression, transgender, pregnancy, childbirth, medical conditions related to pregnancy, childbirth or breast feeding), marital status, age, medical condition, physical or mental disability, genetic information, military or veteran status, or any other legally protected category.

3. Retaliation

   Retaliation prohibited by this policy includes, but is not limited to, any one or more of the following that is substantially related to making a complaint, raising a concern, providing information, or otherwise assisting in an investigation or proceeding related to any alleged violation of this policy:

   1. Intimidation;

   2. Adverse actions with respect to the terms and conditions of employment including, but not limited to, criticism, transfer, demotion, discipline, and/or termination;

   3. Threats of any of the above.

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