Quid Pro Quo Sexual Harassment During the Interview or Hiring Process
Even if you are highly qualified for a job, have great recommendations, or have spent hours preparing for a big job interview, you may find yourself in a needlessly difficult situation. Some employers use the hiring and interviewing process as a way to try and obtain sexual favors from job applicants, especially those who are in desperate need of a job. This is not only reprehensible but also illegal. Under federal and New York laws, employers are prohibited from attempting to use a quid pro quo sexual arrangement during the hiring process. The employment discrimination lawyers at Phillips & Associates can help job applicants in New York City assert their rights against a potential employer if they have been harassed at an interview.Holding Employers Liable for Improper Conduct toward Job Applicants
According to Title VII of the Civil Rights Act of 1964, sexual harassment can be considered gender discrimination because the conduct is usually motivated by the victim’s sex. Title VII provides broad protections for employees and job applicants against sexual harassment during the hiring process and also after an individual has been hired. In general, an employer is prohibited from requesting sexual favors, making derogatory comments, or engaging in other verbal or physical conduct of a sexually harassing nature. This usually does not include offhand remarks, isolated events that are not extreme, or simple teasing. Although many instances of sexual harassment involve a superior or manager acting poorly, the law extends to all the employees in a business.
According to the New York State Human Rights Law and the New York City Human Rights Law, employers are prohibited from engaging in similar types of sexually harassing conduct during job interviews and the application process overall. These laws are important because they apply to employers that maintain even a small number of employees, whereas the federal laws tend to not apply to employers with just a handful of workers.
Any situation in which an employer tells an employee that he or she will be hired or more strongly considered for the job if the applicant provides sexual favors clearly falls within the scope of the federal, New York State, and New York City laws prohibiting discrimination. Conduct may also fall within the parameters of these laws if the employer asks information about the applicant’s sexual history or sexual behaviors, including the applicant’s sexual identity. Although some employers may be quite blatant when engaging in this conduct, other forms of sexual harassment can be far subtler and not easy to identify at first.Contact a Knowledgeable Sexual Harassment Lawyer in New York City
The last thing that any applicant expects to face during a job interview is a request for a sexual favor. If you think that you may have been undermined by this form of unlawful conduct, you may be entitled to compensation. The sexual harassment attorneys at Phillips & Associates have represented workers throughout New York City, including in Manhattan, Brooklyn, and Staten Island as well as in Westchester County and Long Island. We are ready to help you vigorously assert your rights. Call us now at (212) 248-7431 or contact us online to set up a free consultation.
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