Sexually orientated mail

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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