Sexual Advances During Hiring
Job interviews are very stressful even at the best of times. They, however, become truly nightmarish when you are subjugated to an unwanted sexual advance by your hirer. The majority of victims do not speak up for their rights because even with best of credentials and recommendations, finding a job in New York or New Jersey can be difficult.
However, it is important for you to know that sexual harassment at the place of recruitment, irrespective of whether you get hired or not, is illegal. You should be assured that there are adequate legal measures put in place by Federal law as well as State law to protect your rights even if you were not hired for the position.
An aggressive sexual harassment lawyer such as Emre Polat would be able to advise you and navigate you through litigation. The Emre Polat Employment Attorneys has among the most competent and experienced sexual harassment attorneys in New York and New Jersey who can help you in this critical point in life.
Sexual Harassment During Recruitment
Every form of unwanted sexual advance in the workplace is unlawful. Many companies have their own stipulated guidelines in place regarding the interaction between co-workers. The law recognizes sexual harassment at the workplace even during recruiting.
The EEOC or Equal Employment Opportunity Commission oversees the enforcement of Title VII of the federal Civil Rights Act of 1964. If by chance a company does not fall under the purview of Civil Rights Act due to its size, victim rights are protected under The New York City Human Right Law as well as The New York State’s Human Right Law and the New Jersey Laws Against Discrimination.
Types of Sexual Harassment During a Job Interview
Sexual harassment is categorized broadly into two groups, and during your interview, you might face one or both. The first is ‘quid pro quo’ which is basically a form of coercion, manipulation, or other related tactics to procure sexual favors from an employee or an intended employee during the process of hiring.
The second form is more rampant among organizations, which is called ‘hostile work environment’ harassment. This comes into picture only an individual has been hired as an employee. The harasser makes aggressive sexual advances, verbal comments, and other such activities to render a working area unsafe for the employee. This type of harassment case is often built over a series of episodes.
How to Recognize Harassment During Hiring
During an interview, you should be conscious about the possibility of facing quid pro quo type of harassment. The interviewer could promise to hire you in return for sexual favors or may make indecent advances towards you during the interview. The sexual innuendos or actions can be both subtle and explicit. Such actions can be comments, staring, leering, asking out, touching or groping.
Quid pro quo harassment comes into effect when the hirer expressly says that action of recruitment will depend on how compliant is the victim towards their sexual demands. In simple terms, the recruiter makes you aware that they will hire you or grant other favors if you indulge in certain sexual behavior, failing which they might not.
Any other negotiations such as designation, pay, quality of offer, leave allowance, and so on made dependent via receiving sexual favors by the hirer is also labeled sexual harassment.
The legal system has adequate remedies in place to protect the rights of a sexual harassment victim. When you succeed as a claimant in your litigation, you can be awarded compensation and in certain extreme cases you might also receive punitive damages.
What Damages can You Sue for?
A sexual harassment victim can sue for both punitive as well as compensatory damages under Title VII of the federal Civil Rights Act of 1964, New York City Human Rights Law, and New Jersey Laws Against Discrimination.
Compensatory damages can include the costs you bore in searching for another job, mental anguish, physical trauma, medical bills, legal fee and even loss of quality of life. Punitive damage is not easily awarded; however, if a harasser has been particularly atrocious, then this might be the only way to seek redress.
If you believe that you are the victim of gender discrimination or sexual harassment during hiring, you should get in touch with a New York Sexual Harassment attorney at Emre Polat Employment Attorneys as soon as possible. Emre Polat is a reputable and experienced gender discrimination attorney who has helped many clients before and knows this legal domain very well. He knows the tactics of the other side and knows the legal system in these parts. Let him build a game plan for you after he listens to what you have to say. If your case is viable, you want him on your side.
We are Committed to Securing Justice for You
If you have been sexually demeaned at a work interview or any time during or after being hired, then call (212) 480-4500. The Emre Polat Employment Attorneys is dedicated to helping victims of sexual harassment seek justice and actually secure it. You do not have to tolerate sexual harassment at work or during the hiring process.
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