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.

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.

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

propositions or pressure to engage in sexual activity;

sexual assault;

repeated intentional body contact;

repeated sexual jokes, innuendoes, or comments;

constant staring or leering;

inappropriate comments concerning appearance;

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

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

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

2.21.4013 OTHER HARASSMENT (1) Harassment of employees, clients, customers, and any other persons because of a person's race, color, national origin, age, physical or mental disability, marital status, religion, creed, sexual orientation or political beliefs is prohibited. It is the state of Montana policy to provide employees, clients, customers, and any other persons with a work environment free of these forms of harassment.

Examples of other prohibited harassment include, but are not limited to:

coercion of employees, clients, or customers in the participation or non-participation in religious activities; or

ethnic slurs, repeated jokes, innuendoes, or other verbal or physical conduct because of a person's nationality, race, color, age, physical or mental disability, martial status, religion, creed, sexual orientation or political beliefs if these actions create an intimidating, hostile or offensive working environment. (History: Sec. 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 2000 MAR p. 3515, Eff. 12/22/00.)