§ 7.882. Prohibited actions.
(a) Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, non-verbal, visual or physical conduct of a sexual nature, if:
(1) Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of an individual’s employment or receipt of public services; or
(2) Submission to or rejection of the conduct by an individual is used as a basis for decisions affecting the individuals; or
(3) The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or receipt of public services, or creating an intimidating, hostile or offensive work environment.
(b) Prohibited sexual harassment may include actions by members of the opposite sex of an employee as well as members of an employee’s own sex. Prohibited sexual harassment may include actions which are overtly sexual or facially neutral if those actions constitute gender, gender identity, gender expression or sexual orientation-based discrimination. Prohibited sexual harassment may include unwanted or unwelcome discussion of an individual’s sexual activity or history, sexual orientation or gender identity or gender expression.
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