Page 14 - Drive Thru Handbook 9-17

harassment and is committed to providing a workplace that is free of any form of
harassment.

Harassment Defined

While it is not easy to define precisely what harassment is, it includes slurs, jokes,
teasing, and other uninvited verbal, graphic or physical conduct by one individual toward
another, including unwelcome verbal, visual or physical conduct, creating an
intimidating, offensive, or hostile work environment that interferes with work
performance. Harassment may take many forms. Examples of harassment include
verbal (including slurs, jokes, insults, epithets, gestures, or teasing), graphic (including
offensive posters, symbols, cartoons, drawings, computer displays, or e-mails) or
physical conduct (including physically threatening another, blocking someone’s way,
etc.) that denigrates or shows hostility or aversion towards an individual because of any
protected characteristic. Such conduct constitutes harassment when: (1) it has the
purpose or effect of creating an intimidating, hostile, or offensive working environment;
(2) it has the purpose or effect of unreasonably interfering with an individual’s work
performance; (3) submission to the conduct is made either an explicit or implicit
condition of employment; (4) submission to or rejection of the conduct is used as a
basis for an employment decision affecting the harassed employee; or (5) it otherwise
adversely affects an individual’s employment opportunities.
Sexual Harassment Defined

Sexual harassment can include all of the above types of actions as well as other
unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for
sexual favors, conversations regarding sexual activities, and other verbal or physical
conduct of a sexual nature when: (1) submission to such conduct is made a term or
condition of an individual’s employment, either explicitly or implicitly; or (2) submission
to or rejection of such conduct by an individual is used as a basis for employment
decisions affecting such individual; and (3) such conduct has the purpose or effect of
substantially or unreasonably interfering with an individual’s work performance or
creating an intimidating, hostile or offensive environment. Examples of sexual
harassment include:

 Unwelcome sexual advances, flirtations, advances, propositions, leering,
whistling, touching, pinching, assault, blocking normal movement
 Requests for sexual favors or demands for sexual favors in exchange for
favorable treatment

 Obscene or vulgar gestures, posters or comments

 Sexual jokes or comments about a person’s body, sexual prowess or sexual
deficiencies

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