Sexual Harassment in the Hiring Process

Sexual harassment in the workplace is a growing concern in New York and across the nation. Sadly, this inappropriate, inexcusable conduct can even happen during the hiring process, before an actual employment relationship begins. Since it can be difficult to find employment, especially in highly competitive industries, victims of sexual harassment in the hiring process may be reluctant to report what has happened to them. Remaining silent, however, allows the offending parties to continue their harassing behavior in the future, possibly subjecting others to conduct that has no place in a work environment. Rockland County sexual harassment lawyer Valerie J. Crown can help victims of many types of sexual harassment assert their rights, whether this involves a quid pro quo or a hostile work environment claim.

Sexual harassment in the hiring process most often comes in the form of quid pro quo harassment, in which the offender agrees to make a favorable employment decision in exchange for the victim’s performance of a sexual favor. It can also occur when a job applicant is touched or groped inappropriately. In either case, the victim of the harassing behavior should talk to an attorney about his or her options, including the possibility of filing a formal complaint. While not every instance of offensive conduct supports a claim, it is important to understand your legal rights so that any appropriate measures may be taken in a timely fashion.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based upon gender as well as other protected traits. Under this law, it is unlawful for an employer to either fire or fail to hire a person because of his or her gender. Sexual harassment is viewed as a type of gender discrimination under federal law. It is also wrongful to limit applicants for employment in a way that adversely affects their employment opportunities or status because of their sex. When a job applicant believes that Title VII (or another federal law) has been violated during the hiring process, he or she may file a charge with the Equal Employment Opportunity Commission (EEOC), the agency charged with the enforcement of Title VII. Different procedures apply to violations of the New York State Human Rights Law, which is more expansive than Title VII because it covers smaller employers. Even if you do not have a claim under Title VII, you still may have a claim under state law.

Victims of sexual harassment in the hiring process have a limited time in which to file a complaint, or their right to compensatory damages and other relief will be deemed waived. The legal remedies available to a sexual harassment victim can vary from case to case, depending upon the circumstances, so it is important to speak to an experienced sexual harassment attorney as soon as possible if you believe that you have been mistreated during the hiring process (or on the job). In many situations, a victim may be able to seek compensatory damages, punitive damages, and injunctive relief.

At the Law Firm of Valerie J. Crown, we will discuss your legal options if you believe that you have been a victim of sexual harassment during the process of seeking employment at a qualifying workplace. We also handle other types of sexual harassment litigation, such as sexual harassment of current employees by their supervisors, throughout the Greater New York area, including in Rockland County as well as Orange, Dutchess, Westchester, and Ulster Counties. For an appointment, call us at 845.708.5900 or call Valerie on her cell phone at 845.598.8253. You can also reach us online for a free consultation. We recognize that each client’s situation is unique, and we offer representation that is tailored to your personal circumstances.