II. Sexual Harassment Defined

Iowa Code section 19B.12 defines sexual harassment as “persistent, repetitive, or highly egregious conduct directed at a specific individual or group of individuals that a reasonable person would interpret as intentional harassment of a sexual nature, taking into consideration the full context in which the conduct occurs, which conduct threatens to impair the ability of a person to perform the duties of employment, or otherwise function normally within an institution responsible for the person's care, rehabilitation, education, or training."

There are two forms of unlawful sexual harassment:

1. an employee is subjected to unwelcomed speech or conduct, of a sexual or non- sexual nature, that is directed at the employee because of his or her sex, and the conduct creates a “hostile work environment;” and
2. an employment benefit or continued employment is conditioned on the employee’s participation in some form of sexual behavior (also known as “quid pro quo harassment”).

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Although unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature are examples of unacceptable conduct in the workplace, unlawful sexual harassment is not dependent on whether offensive acts or comments were sexual in nature, but whether the acts or comments are directed at a person because of his or her sex. Sexual harassment can be committed by both men and women. And, it may occur between members of the opposite sex, or between members of the same sex. Sexual harassment can take place between (1) any two state employees, (2) a state employee and a non-state employee, including a contractor, or between a state employee and a visitor, guest, client, patient, offender, or resident. Accordingly, this policy prohibits unwelcome, hostile or offensive conduct, whether of a sexual or non-sexual nature, that is directed at, or is motivated by, a person because of his or her sex.

Examples of sexual harassment, include, but are not limited to:

• Unwelcome sexual advances.
• Hostile conduct based on the person’s sex or sexual orientation.
• Requesting or offering sexual favors in return for job benefits.
• Actions such as cornering, patting, pinching, touching or brushing against another person’s body that are sexual in nature.
• Open speculation or inquiries about another person’s sex life.
• Jokes, remarks, or innuendos that are sexual in nature or based on real or perceived sexual orientation about another person, or about men or women in general.
• Displaying sexually explicit material in the workplace.
• Conditioning work benefits on submission to sexual advances, tolerance of a sexually hostile work environment or giving preferential treatment because of another person’s submission to sexual advances, or tolerance of a sexually hostile work environment.