Section 48.74. Sexual harassment

(a) Licensees may not sexually harass supervisees, students, trainees, employees, research subjects or colleagues.

(b) Sexual harassment includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when one of the following occurs:

(1) Submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic association with a licensee.

(2) Submission to or rejection of the conduct by an individual is used as the basis for employment-related decisions affecting the individual or academic decisions affecting the individual.

(3) The conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile or offensive working or academic environment.

The provisions of this § 48.74 adopted September 17, 2010, effective September 18, 2010, 40 Pa.B. 5320.