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.

PHILLIPS & ASSOCIATES
45 Broadway, #620,
New York NY, 10006
Tel: 212-248-7431
Fax: 212-901-2107
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Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
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Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen
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I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
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I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana