What counts as sexual harassment by city workers

For the purposes of this article, sexual harassment means any of the following: (1) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual display of a sexual nature directed by an officer or employee to a second officer or employee when: (A) Submission to the advances, requests, or conduct is a term or condition of the second officer’s or employee’s employment; (B) Submission to or rejection of the advances, requests, or conduct is used as the basis for employment decisions relating to the second officer or employee; or (C) The advances, requests, conduct, or visual display has the purpose or effect of: (i) Substantially interfering with the second officer’s or employee’s work performance; or (ii) Creating an intimidating, hostile, or offensive working environment for the second officer or employee; (2) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual display of a sexual nature directed by an officer or employee to an individual under consideration for city employment when: (A) Submission to the advances, requests, or conduct is used as a term or condition for the employment of the individual; (B) Submission to or rejection of the advances, requests, or conduct is used as the basis for a decision to employ or reject the individual; or (C) The advances, requests, conduct, or visual display has the purpose or effect of: (i) Substantially interfering with the individual’s ability to display qualifications for city employment; or (ii) Creating an intimidating, hostile, or offensive environment in which the individual seeks city employment; or (3) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual display of a sexual nature directed by an officer or employee to an individual engaged in business or other activity with the city when: (A) Submission to the advances, requests, or conduct is a term or condition of the individual’s engagement in business or other activity with the city; (B) Submission to or rejection of the advances, requests, or conduct is used as the basis for a decision on the individual’s engagement in business or other activity with the city; or (C) The advances, requests, conduct, or visual display has the purpose or effect of: (i) Substantially interfering with the individual’s engagement in business or other activity with the city; or (ii) Creating an intimidating, hostile, or offensive environment in which the individual engages in business or other activity with the city.