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D. "Discrimination" means actual or alleged: <br />(1) failure to hire or employ an applicant; <br />(2) failure to promote or reinstate, or any demotion of or termination of any employee <br />of the Organization; <br />(3) taking of any adverse or differential employment decision because of race, color, <br />creed, national origin, gender, sexual orientation or preference, marital status, <br />sex, religion, age, military service, disability or handicap, pregnancy, or any other <br />basis prohibited by federal, state, or local laws; or <br />(4) taking of any adverse or differential employment decision based upon the <br />exercise of a right pursuant to any workers' compensation, disability benefits, <br />social security, unemployment compensation, COBRA, ERISA, Family Medical <br />Leave Act, or any similar law for the protection of employees. <br />E. "Discrimination Against a Third Party" means any actual or alleged discrimination by <br />any Insured against, or any actual or alleged sexual harassment by any Insured of, any <br />person who at the time of such discrimination or harassment was neither an employee of <br />the Organization nor an applicant for employment with the Organization. <br />F. "Employment Termination" means the notification to an employee that such employee <br />is no longer to be employed by the Organization, whether such notification is effective <br />immediately or in the future. Employment Termination also includes actual or alleged <br />constructive discharge, breach of an implied agreement to continue employment or <br />breach of a written employment agreement. <br />G. "Harassment" means actual or alleged: <br />(1) unwelcome sexual advances, requests for sexual favors, or other conduct of a <br />sexual nature directed to an employee of the Organization when: <br />(a) submission to such conduct is made either explicitly or implicitly a term or <br />condition of such employee's employment; <br />(b) submission to or rejection of such conduct by an individual is used as a <br />basis for employment decisions effecting such employee; or <br />(c) such conduct has the purpose or effect of unreasonably interfering with <br />such employee's work performance or creating an intimidating, hostile, or <br />offensive work environment. <br />(2) conduct of a non -sexual nature directed toward an employee of the <br />Organization that creates a work environment that has the purpose or effect of <br />unreasonably interfering with such employee's work performance or that creates <br />an intimidating, hostile, or offensive work environment. <br />H. "Individual Insured" or "Individual Insureds" means individually or collectively as the <br />case may be: <br />(1) any persons who were, now are, or shall be directors, trustees, officers, <br />employees, committee members or volunteers of the Organization including <br />their estates, heirs, legal representatives or assigns in the event of their death, <br />incapacity or bankruptcy; or <br />PSNP1001 (01/01) <br />RAMuaigmadDlMsian <br />E <br />REVIEWED & APPROVED BY. <br />e Aeevaa <br />'�--'Risk Management Specialist <br />