Phillips & Associates

Sexual Advances During the Hiring Process

Employment Discrimination Attorneys Serving New York City

When you go to a job interview, you are on your best behavior. Unfortunately, some prospective employers may not be on theirs. Sexual advances during the hiring process may be anxiety-inducing. If you are groped or otherwise the recipient of sexual advances in a job interview or another recruitment setting, you should be aware that this is illegal. Since even highly qualified job applicants may have trouble finding jobs, you may be reluctant to report what happened or nervous about the long-term consequences. The New York City sexual harassment lawyers at Phillips & Associates can provide advice on your options and help you bring a claim.

Sexual Harassment Arising from Conduct During the Hiring Process

Sexual advances are a form of sexual harassment, which is prohibited in the workplace, including during the hiring process. As a job applicant, you may encounter one or both of two different forms of sexual harassment. The first is quid pro quo harassment, in which an employer promises to hire the applicant or provide another employment-related benefit if they will perform a sexual favor, comply with a sexual advance, or go on a date.

The other type of harassment is hostile work environment harassment. This happens if an employer acts in a way that a reasonable person would find intimidating, hostile, or offensive. Unless the sexual advance is a criminal assault or something equally egregious, a single incident of harassment would probably not qualify as actionable sexual harassment. More often, this type of harassment happens once the victim has the job and is forced to endure sexual advances on a regular basis.

If you experienced sexual advances during the hiring process, you may be entitled to damages. Federal, state, and local laws prohibit sexual harassment. The primary federal law dealing with sexual advances during the hiring process is Title VII. The Equal Employment Opportunity Commission enforces Title VII's prohibition on sex discrimination, and sexual harassment is a type of sex discrimination.

Damages Available for Sexual Advances

Title VII allows for compensatory damages, such as the costs associated with your job search, medical expenses, mental anguish, and loss of enjoyment of life. Punitive damages may be available to punish an employer if a sexual advance is especially egregious. You may also be lost wages, however you must try to seek new employment.

Limits on these compensatory and punitive damages vary depending on the size of the employer in question. Employers that have 15-100 employees have a damages limit of $50,000. Employers that have 101-200 employees have a damages limit of $100,000. Employers that have 201-500 employees have a damages limit of $200,000. For employers with more than 500 employees, the limit is $300,000.

The New York City Human Rights Law does not have limits on compensatory and punitive damages. It’s important to hire a sexual harassment lawyer who understands the different damages available under New York State, New York City and Federal Law.

Retain a New York City Lawyer for a Sexual Harassment Claim

You should not need to put up with sexual harassment either before or after you are hired. If you suffered through sexual advances during the hiring process, you should retain an experienced gender discrimination attorney who is committed to seeing justice served for workers. At Phillips & Associates, we are dedicated to our clients' cases and fighting employer misconduct. Our New York City sexual harassment attorneys understand the humiliation and anxiety that may accompany this type of behavior. Call us at (212) 248-7431 or use our online form to set up your free appointment. We serve people in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, Westchester, as well as in Suffolk and Nassau Counties.

45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
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