Yes, this could be considered sexual harassment. Go speak to an attorney if your HR department or higher up management refuse to take action.
What's interesting to me about this case is that, not only do you have the two employees demonstrating conduct which is clearly s/h, you have a supervisor failing to handle the situation "by the book." I agree with my colleague: Forget reporting to other/higher management, go straight to an employment attorney. Good luck!
I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you can view my website at www.TampaConsumerLawyer.com
set an appointment with an attorney who specializes in employment law and sexual harassment cases. Then after a thorough review of all of the facts, they can give you an opinion as to whether you have a viable claim, and what procedural steps you should take. Most attorneys handle these cases on a contingency percentage fee, taking a percentage of the recovery. There are no hourly fees and most attorneys do not charge anything for an initial appointment to discuss your case.
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You are not overreacting, and it certainly sounds as if you are being sexually harassed. You need to consult with an experienced employment attorney to discuss options to address the situation before it has a chance to escalate. Please feel free to contact my office to ask for a consultation with me.
Elizabeth S. Loring, Esq.
Freking & Betz, LLC
525 Vine St., 6th Floor
Cincinnati, OH 45202
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You should definitely consult with an employment attorney in your jurisdiction.
When you do, first make sure that your employer is subject to sexual harassment laws. A federal claim requires that the employer has 15 employees. I do not practice in Ohio so I do not know what your state remedies are or if they have a requirement for a minimum number of employees. You will need to ask an attorney in your area. Sometimes there are also county or city ordinances that have remedies, which may not require as many employees if your employer is small.
The conduct certainly seems sexually harassing, and it appears to have happened more than once (assuming you received the items on different days or occasions).
Also ask your attorney about a claim for sex discrimination harassment, which is harassment based on your gender (it doesn't have to be sexual).
This response is merely a general discussion of an issue based on the information provided. It is not intended as legal advice and does not form an attorney-client relationship. You are encouraged to seek out an attorney of your choosing in your local jurisdiction, and to discuss your legal issue with that attorney.