Final answer:
Courts consider if there are unwelcome sexual advances, verbal or physical sexual conduct affecting employment, or if an intimidating, hostile, or offensive work environment is created to determine sexual harassment. Employers are responsible for preventing harassment under federal laws like the Civil Rights Act of 1964 and Title IX.
Step-by-step explanation:
When determining whether sexual harassment is present in the workplace, courts will consider a variety of legal issues. Firstly, if the behavior in question includes unwelcome sexual advances or requests for sexual favors. Secondly, whether the conduct is verbal or physical of a sexual nature that affects an individual's employment or performance.
Furthermore, the behavior in question must create an intimidating, hostile, or offensive work environment. Harassment is not limited to sexual nature; it may involve protected classes like race, religion, national origin, or age. Under Title VII of the Civil Rights Act of 1964 and Title IX for educational institutions receiving federal funds, such behavior is prohibited.
Employers are legally accountable for preventing and addressing harassment. Effective sexual harassment policies and procedures are critical and typically include education and training about what constitutes harassment, as well as the means for reporting and addressing it.