Common use of Harassment Clause in Contracts

Harassment. any unwanted offensive or threatening behavior, which is linked to one or more of the below characteristics when: a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or eligibility for services; b) Submission to or rejection of such conduct by an individual is used as the basis for employment or service decisions affecting such individual; or c) Such conduct has the purpose or effect of substantially interfering with an individual’s work performance, or of creating an intimidating, hostile or offensive work or service delivery environment, which adversely affects an individual’s opportunities. Harassing behavior may include, but is not limited to, demeaning or stereotypical comments or slurs, ridicule, jokes, pranks, name calling, physical or verbal aggression, gestures, display or possession of sexually graphic materials, cartoons, physical contacts, explicit or implicit threats separate from supervisory expressions of intention to use the disciplinary process as a consequence of continued inappropriate behavior, malicious gossip or any other activity that contributes to an intimidating or hostile work environment. Sexually harassing behavior is unwelcome behavior of a sexual nature toward males or females which may include, but, is not limited to, physical contact, sexual advances or solicitation of favors, comments or slurs, jokes, pranks, name calling, gestures, the display or possession of sexually graphic materials which are not necessary for business purposes, malicious gossip and verbal or physical behaviors which explicitly or implicitly have a sexual connotation. Harassment is illegal when it is a form of discrimination based upon age, disability, association with a person with a disability, national origin, race, ancestry or ethnic background, color, record of arrest or conviction which is not job-related, religious belief or affiliation, sex or sexual orientation, marital status, military participation, political belief or affiliation, and use of a legal substance outside of work hours.

Harassment. any unwanted offensive or threatening behavior, which is linked to one or more of the below characteristics when: a) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or eligibility for services; b) Submission to or rejection of such conduct by an individual is used as the basis for employment or service decisions affecting such individual; or c) Such conduct has the purpose or effect of substantially interfering with an individual’s work performance, or of creating an intimidating, hostile hostile, or offensive work or service delivery environment, which adversely affects an individual’s opportunities. Harassing behavior may include, but is not limited to, demeaning or stereotypical comments or slurs, ridicule, jokes, pranks, name calling, physical or verbal aggression, gestures, display or possession of sexually graphic materials, cartoons, physical contacts, explicit or implicit threats separate from supervisory expressions of intention to use the disciplinary process as a consequence of continued inappropriate behavior, malicious gossip or any other activity that contributes to an intimidating or hostile work environment. Sexually harassing behavior is unwelcome behavior of a sexual nature toward males or females which may include, but, is not limited to, physical contact, sexual advances or solicitation of favors, comments or slurs, jokes, pranks, name calling, gestures, the display or possession of sexually graphic materials which are not necessary for business purposes, malicious gossip and verbal or physical behaviors which explicitly or implicitly have a sexual connotation. Harassment is illegal when it is a form of discrimination based upon age, disability, association with a person with a disability, national origin, race, ancestry or ethnic background, color, record of arrest or conviction which is not job-related, religious belief or affiliation, sex or sexual orientation, marital status, military participation, political belief or affiliation, and use of a legal substance outside of work hours.