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(1) Sexual harassment of employees, clients, customers, and any other persons is prohibited. It is the state of Montana policy to:

(a) provide employees with a work environment free of sexual harassment;

(b) communicate the state's sexual harassment prevention policy and reporting procedures to employees and supervisors;

(c) recognize the unique nature of complaints of sexual harassment;

(d) encourage early reporting by employees; and

(e) resolve complaints promptly, confidentially, and at the lowest management level possible.

(2) Sexual harassment includes unwelcome verbal or physical conduct of a sexual nature when:

(a) submission to the conduct is implicitly or explicitly made a term or condition of employment;

(b) submission to or rejection of the conduct is used as the basis for an employment decision affecting the individual; or

(c) 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.

(3) Sexual harassment also includes harassment directed toward a person because of gender, a pattern of sexual favoritism, or harassment because of a person's sexual orientation.

(4) Examples of prohibited sexual harassment include, but are not limited to:

(a) propositions or pressure to engage in sexual activity;

(b) sexual assault;

(c) repeated intentional body contact;

(d) repeated sexual jokes, innuendoes, or comments;

(e) constant staring or leering;

(f) inappropriate comments concerning appearance;

(g) display of magazines, books, pictures, or electronic documents with a sexual connotation;

(h) a pattern of hiring or promoting sex partners over more qualified persons; or

(i) any harassing behavior, whether or not sexual in nature, directed toward a person because of the person's gender including, but not limited to, hazing employees working in nontraditional work environments.

History: 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 2000 MAR p. 3515, Eff. 12/22/00.

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