4.90.010 Statement of prohibited conduct.
The city considers the following conduct to be illustrative of some of the conduct that violates the city’s sexual harassment code:
A. Physical assaults of a sexual nature, such as:
1. An employee convicted of sexual assault, molestation, or an attempt to commit any such assaults will be discharged.
2. Intentional physical conduct that is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee’s body, or poking another employee’s body.
B. Unwanted sexual advances, propositions or other sexual comments, such as:
1. Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience directed at or made in the presence of any employee who indicates or has indicated in any way that such conduct is unwelcome in his or her presence;
2. Preferential treatment or promises of preferential treatment to an employee for submitting to sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward; and
3. Subjecting, or threats of subjecting, an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee’s job more difficult because of the employee’s sex.
C. Sexual or discriminatory displays or publications anywhere in the city’s workplace by city employees (except as may be done in the ordinary course of work), such as:
1. Displaying pictures, posters, calendars, graffiti, objects, promotional materials, reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic, or bringing into the city’s work environment or possessing any such material to read, display or view at work. A picture will be presumed to be sexually suggestive if it depicts a person of either sex who is not fully clothed or in clothes that are not suited to or customarily accepted for the accomplishment of routine work in and around the workplace and who is posed for the obvious purpose of displaying or drawing attention to private portions of his or her body;
2. Reading publicly or otherwise publicizing in the work environment materials that are in any way sexually revealing, sexually suggestive, sexually demeaning or pornographic; and
3. Displaying signs or other materials purporting to segregate an employee by sex in any area of the workplace (other than restrooms and similar semiprivate lockers and changing rooms).
D. Retaliation for sexual harassment complaints, such as:
1. Disciplining, changing work assignments of, providing inaccurate work information to, or refusing to cooperate or discuss work-related matters with any employee because that employee has complained about or resisted harassment, discrimination or retaliation; and
2. Intentionally lying about, falsely denying, exerting pressure, or otherwise attempting to cover up conduct such as that described in any item above.
E. Other acts, such as:
1. The illustrations stated above are not to be construed as an all-inclusive list of prohibited acts under this chapter;
2. Sexual harassment is unlawful and hurts other employees. Moreover, each incident of harassment contributes to a general atmosphere in which all persons who share the victim’s sex suffer the consequences. An employee who engages in sexual harassment will be made to bear the full responsibility for that unlawful act. (Ord. 12-001 § 3, 2013)