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Sexual Propositions During the Interview or Hiring Process

Employment Discrimination Attorneys Advising New York City Workers

Job interviews and application processes can be stressful and anxiety-inducing situations. This is especially true if the applicant is in desperate need of a job, or the position is something that the applicant has always dreamed of doing. Unfortunately, some employers take advantage of an applicant’s position during the hiring process to make inappropriate comments or even sexual propositions to job candidates, putting them in a difficult situation. Additionally, having an employer turn the interview into a lewd and explicit exchange can cause an applicant to doubt his or her qualifications and refrain from pursuing other opportunities for fear that the situation may happen again. At Phillips & Associates, our employment discrimination lawyers can assist individuals in New York City with bringing a claim against a prospective employer who made inappropriate sexual propositions. We have the experience and dedication to fight for your rights.

Federal and State Protections Against Improper Propositions

Sexual harassment is considered a form of gender discrimination based on the nature of the conduct, which typically arises from an individual’s gender. There are a number of federal and state laws that make it clear that employers are prohibited from discriminating against a potential employee, even during the application and hiring process. These laws recognize that employers have a superior bargaining position during a job interview. The application process is intended to help an employer determine whether an applicant is qualified for the position—not to create an opportunity for unwanted sexual advances or comments.

According to Title VII of the Civil Rights Act of 1964, sexually harassing a job applicant or employee is impermissible. The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as including any unwelcome sexual advances, requests for sexual favors, or other conduct that involves sexual activities. According to the law, however, any ordinary teasing, offhanded remarks, or isolated incidents generally do not rise to the level of sexual harassment.

Don’t Be a Victim of Sexual Harassment During an Interview

When it comes to the pre-employment process, an employer should only ask for information that helps it determine whether an employee is qualified for the job. This would inherently exclude any information designed to elicit information about the applicant’s race, gender, sexual orientation, sexual identity, or sexual activity.

The New York State Human Rights Law and the New York City’s Human Rights Law also provide broad protections for job applicants, including protection from sexual harassment during the application and interview process. These laws are important because they apply to employers that maintain even a small number of employees, which may not fall within the scope of the federal anti-discrimination laws.

Discuss Your Sexual Harassment Claim With a New York City Lawyer

If you think that you may have been the victim of gender discrimination during a job interview, you may want to consider pursuing compensation. The compassionate sexual harassment attorneys at Phillips & Associates understand that New York City employees may be deeply distressed by this conduct. We have provided legal guidance and advocacy to workers throughout the five boroughs of the city, including Manhattan, Brooklyn, and the Bronx as well as in Westchester County and Long Island. We offer a free confidential consultation to help you understand the scope of your options. Call us at (212) 248-7431 or contact us online to set up an appointment.

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