Definition of Workplace Harassment and Discrimination. Harassment consists of unwelcome verbal, visual, or physical conduct that is based on another person’s actual or perceived: race, creed, color, religion, sex, sexual orientation, gender identity and expression (including pronouns), national origin, age, personal appearance, weight or body size, pregnancy, familial and/or marital status, immigration status, disability, veteran status, genetic information, family responsibilities, matriculation, political affiliation, source of income, status as a victim of an intra-family offense, place of residence, and/or any intersection of these identities, or any other class not here listed that is protected under federal, state, or local law. It may include, but is not limited to, actions such as: the use of epithets, slurs, negative stereotyping, jokes, threatening, intimidating, or hostile acts that relate to any and all protected categories mentioned in this Article. Harassment also may include written or graphic material that denigrates or shows hostility toward an individual or group based on these protected characteristics, whether that material is sent by electronic means; placed on walls, bulletin boards, computer screens or other devices, or elsewhere on the premises; or circulated in the workplace. Unwelcome conduct based on an individual’s protected characteristic, actual or perceived, may constitute harassment if it has the purpose or effect of interfering with an individual’s work performance; creates an intimidating, hostile, or offensive workplace; or submission/tolerance of this conduct is made, explicitly or implicitly, a term of employment. Sexual harassment may involve unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature. It may involve conduct by a person of any gender toward a person of a same or different gender. Whether conduct constitutes sexual harassment or discrimination may depend, in part, on how that conduct is viewed by the employee who is subjected to that conduct. Any employee who engages in prohibited conduct assumes the risk of being found in violation of this Article if, among other factors, the person who is the object of the conduct views it as offensive. As used here, “offensive” means conduct that a reasonable person would find to be threatening, intimidating, or hostile towards them or another person because of their sex, including their sexual orientation, gender identity, and/or gender expression. Any employee...
