§ 7.592. Prohibited actions.
(a) Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal, visual or physical conduct of a sexual nature when:
(1) Submission to or rejection of the conduct is made either explicitly or implicitly a term or condition of an individual’s employment.
(2) Submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting the individuals.
(3) The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working 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 the actions constitute gender-based discrimination.
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