Final answer:
The harasser's conduct must be severe or pervasive enough to create a hostile work environment to qualify as actionable sexual harassment. It aims to protect employees from unwelcome behavior that impedes work performance or creates an intimidating or hostile atmosphere.
Step-by-step explanation:
To qualify as actionable sexual harassment, the harasser's conduct must be severe or pervasive enough to create a hostile work environment. This means that the behavior in question does not need to be overtly sexual or explicit, nor does it have to be consensual between the parties involved. It's important to recognize that sexual harassment can manifest in various forms, including but not limited to, unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Sexual harassment is considered illegal when it affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. The legal framework established by entities such as the Equal Employment Opportunity Commission (EEOC) and rulings by the Supreme Court reinforce that employers bear the responsibility to prevent harassment and maintain a professional workplace.