Is this sexual harassment?

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Is this sexual harassment?

At the daily meeting my supervisor tells very
offensive sexual jokes and makes statements
about how he likes to have sex. His supervisor
who is my chain of command and other
supervisors are present and do nothing to stop
him.

Asked on January 25, 2018 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This may well be sexual harassment: it is sexual commentary or references in the workplace, and sexually charged comments or jokes have been held to be illegal harassment; and you have reported it to upper management, which is refusing to take action, which can make the company liable (management has an obligation to investigate and take appropriate action in response to credible sexual harassment allegations). You may wish to contact the federal EEOC (Equal Employment Opportunity Commission) about filing a complaint.


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