That is the legal definition, yes. I'm not making any statement about how I think things should be. I'm making commentary only on the current legal definitions

That is the legal definition, yes. I'm not making any statement about how I think things should be. I'm making commentary only on the current legal definitions in the US. To elaborate, a workplace certainly could take action on such harassment, as they have the right to associate how they please. But they are also free to not do that. And in fact many people face workplace harassment every day, but have no recourse except to suck it up. Personally, I absolutely support stronger protections for workers, but they don't exist today.