If you are "getting harassed" at work for using your phone, why are you still doing it? Never mind what other people do or do not get into trouble for. Follow the rules and you should be fine. If you continue to have problems with a supervisor even when you aren't breaking any rules, perhaps its time to find another job. I'm sorry to say that it isn't against the law to be a jerk, so unless your supervisor is harassing you because you a member of a protected class, there is nothing much that can be done. Best of luck to you.
This is general advice and does not establish an attorney-client relationship.
This does not appear to be a sexual harassment question but rather an employment law question. You may want to talk to an employment law attorney.
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