Sexually orientated mail

I am a receptionist and the owner has sexually orientated mail that comes to the office, I filed a complaint with HR but was advised that I could lose my job if I push the issue to get the mail to stop. Sexually orientated mail sexual harassment?

Asked on July 2, 2018 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is not sexual harassment if the mail comes in unsolicited: your employer is not liable for things he does not cause or control. But if the mail comes in because he is ordering sexually oriented materials and having them delivered to his office, then if the materials can be seen for what they are (e.g. they are not in anonymous packaging which you place unopened on his desk or in his mailbox), then this may be sexual harassment, since he is causing (by ordering it for office delivery) you to be exposed to sexual material. If that is the case, you may wish to contact the federal Equal Employment Opportunity Commission to discuss filing a complaint.


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