Is this considered employment discrimination, sexual harrassment, bullying or hostile working environment?

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Is this considered employment discrimination, sexual harrassment, bullying or hostile working environment?

I was passed up for promotion within my department after 15 years with no negative incidents in the company. The was given to an employee who has been at the company a short time and has no management experience. I have been on the receiving end of sexual harrassment and bullying in the form of written words, photographs, office gossip, etc. This all makes for a hostile, offensive, and uncomfortable working environment. I have made my superior aware of this twice with no resolution. This began about a year ago and has continued about once per week. I believe it to be hostile, offensive,and damaging to my professional reputation. I have documented the incidents and also have photos. I also fear retaliation if I pursue.

Asked on April 9, 2018 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you have been sexually harassed and your employer has done nothing about it after you reported it and gave them a chance to take action, that may very well be illegal sexual harassment: employers cannot necessarily stop sexual harassment from happening in the first place (since after all, they don't know that it will occur unless and until it does), but they do have a legal oblgation to investigate and take reasonable and appropriate action once they are aware.
Being passed over for promotion may be part of the harassment, if it is retaliation for having complained or if the job went to a person of the opposite gender.
Based on what you write, it would be worthwhile for you to contact the federal EEOC about filing  sexual harassment complaint. You may be entitled to compensation.


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