Can we just avoid sexual conversations at work? That's a pretty simple rule that negates all the complexities of determining what type of sexual discussion is and isn't sexual harassment. I've sometimes heard the argument that such a notion is puritanical and sterile but honestly I am just not at all interested in sexual banter at the workplace and I feel like nothing of value is lost if I don't have to overhear remarks about sexual escapades, desires, or jokes during the work day.
We can (and I, personally, do) but that isn't a practical standard. Healthy humans are sexual ones and especially when you have younger people working 60+ hours with a close group you will have people talking about sex. That should be expected but the current legal standard doesn't allow for that.
In the appropriate context, of which the workplace is not one. There are other places where individuals make an effort to curtail sexual discussion (church, the dinner table, around small children, within earshot of their parents), so I think it is well within the capabilities of healthy young professionals to generally keep sex out of the workplace.
> when you have younger people working 60+ hours with a close group you will have people talking about sex.
Well perhaps they shouldn't. Of course, sex or topics of a sexual nature might come up, just as say, the color of your last bowel movement might come up, but I'd argue that it shouldn't be a topic of regular discussion and that a culture that aims to defer such discussions to a venue outside of the workplace is a good idea precisely because it is impossible to manage the variable spectrum of comfort in sexual discourse among individuals, especially among a diverse workforce (and not just with regard to gender, but also age, cultural and religious background, as well as sexual experience, history and maturity).
> That should be expected but the current legal standard doesn't allow for that.
The current legal standards certainly allow for it, the bar for sexual harassment in a legal sense is generally pretty clear (proving what actually transpired is sometimes a different story), but what tends to be less clear is company policy regarding the fine line between what is permissible and what is inappropriate. I think the spectrum of what is considered over the line varies so wildly that the only sensible approach is "just don't bring it up".
And i'm positing that if we want diverse workplaces we need to graduate from "just don't bring it up" as the only sensible approach or we'll continue to have professions that aren't diverse. Which is most of them. Which is kinda sad.