; (B) knows or should have known that the depicted individual has not consented to the disclosure of the image; and (C) knows or reasonably should know that the disclosure would cause harm to the depicted individual. (2) Discriminate The term discriminate , used with respect to the terms, conditions, or privileges of employment or with respect to the terms or conditions of public assistance, includes failing to implement, on request from an individual, in response to actual or threatened domestic violence, dating violence, sexual assault, or stalking, or actual or threatened communication of an intimate image of the individual, a reasonable safety procedure or a job-related modification to enhance the security of that individual or safeguard the workplace involved (such as installation of a lock, change of a telephone number or seating assignment, provision of a transfer, provision of leave, modification of a schedule, or adjustment of a work requirement), unless the employer or public agency can demonstrate that granting the request would impose an undue hardship on the operation of the employer or public agency. (3) Domestic violence; dating violence; sexual assault; stalking The terms domestic violence , dating violence , sexual assault , and stalking have the meanings given the terms in section 40002 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 ). (4) Intimate image The term intimate image means any photograph, motion picture film, videotape, digital image, image from social media, or any other recording or other image of an individual (other than the person taking the image) who is identifiable from the image itself or from information displayed with or otherwise connected to the image, that— (A) was taken in a private setting; (B) does not depict a matter of public concern; and (C) depicts— (i) sexual activity, including sexual intercourse or masturbation