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As used in this chapter, the term “sexual harassment” means sexual advances, requests for sexual favors, sexual or sex-based conduct, or any other unwelcome and offensive conduct of a sexual nature where:

  1. Submission to the conduct involved is made, implicitly or explicitly, a term or condition of work;
  2. Submission to or rejection of the conduct is used as the basis for a personnel decision affecting the individual’s work; or
  3. Such conduct creates an intimidating, hostile, or offensive work environment, provided that an intimidating, hostile, or offensive work environment is not created when the conduct does not rise above the level of what a reasonable person would consider merely tactless, inconsiderate, overfamiliar, or otherwise impolite, particularly with regard to the totality of the circumstances.

History. Code 1981, § 34-5A-1 , enacted by Ga. L. 2022, p. 347, § 1/HB 1390.

Cross references.

Fair employment practices, § 45-19-20 et seq.