“You actually question whether asking female employees to have your baby is sexual harassment?”
Not quite what he is supposed to have asked, and I’ve read some stories indicating he talked ABOUT surrogacy, not asking the staffers directly to be one.
In any case, it would be easy enough to just say, “No thank you”. Sexual harassment includes:
“...unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general...harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).”
https://www.eeoc.gov/laws/types/sexual_harassment.cfm
Surrogacy is not normal thought of as a “sexual advance”. It is a medical procedure
“Finding the right surrogate is one of the most important steps and biggest decisions intended parents will make in the entire surrogacy process. Some intended parents choose to work with a surrogate they already know, such as a close friend or family member. For others, the task of finding a surrogate takes considerable time and effort.”
https://surrogate.com/intended-parents/how-to-find-a-surrogate-mother/finding-a-surrogate-mother/
I always thought it was what ever the accuser “perceives”