Being sexually harassed during a job interview is not only humiliating, but it is also illegal. If you have been subjected to harassment during the hiring process, this is the time to contact an experienced sexual harassment attorney.
At Castronovo & McKinney, LLC, we are committed to helping workers in New Jersey fight back against harassment. Unwanted sexual advances and offensive comments are always inappropriate at any time in the employment relationship, including during the hiring process.
While proving sexual harassment during a job interview is challenging, you can depend on us to handle your claim with the personal attention it deserves and work to protect your right to earn a living. Contact our office today for a consultation
No One Should Tolerate Sexual Misconduct During a Job Interview
Sexual Harassment that occurs during the hiring process is considered an unlawful form of sex-based discrimination. The New Jersey Law Against Discrimination (NJLAD) protects employees from discrimination and harassment at any point in their employment, including the interview and hiring process.
Sexual harassment during a job interview may involve inappropriate comments or unwelcome physical contact. Generally, there are two forms of harassment – quid pro quo and a hostile work environment.
Quid pro quo sexual harassment can occur when a job offer is conditional on complying with sexual demands, such as kissing, touching, or sexual relations. In addition, an interviewer that makes lewd gestures or comments about a candidate’s body can create a stressful atmosphere that is considered a hostile work environment.
Proving that you have been the victim of sexual harassment during the hiring process is complicated. Sexual advances during a job interview are often a matter of “he said, she said” because there are no witnesses other than the parties involved. Ultimately, determining whether offensive comments during an interview are considered harassment requires the skills of a capable sexual harassment lawyer.
Examples of Sexual Harassment During the Job Interview
While a handshake before or after an interview is an accepted and customary form of contact, an interviewer cannot touch you in a way that makes you feel uncomfortable or that you believe is offensive, such as by placing a hand on your knee. However, not all forms of touching are inappropriate (e.g. a pat on the shoulder).
While some words or compliments may be harmless (e.g. “that’s a nice outfit), other comments may be the basis for a sexual harassment claim. Examples of inappropriate conduct or comments during an interview include:
- Offering a candidate a job in exchange for sexual favors
- Inquiring about a job candidate’s marital status, sexual orientation, or gender identity
- Commenting about a job applicant’s body
- Making offensive remarks about a candidate’s gender
- Asking questions about a prospective employee’s sexual preferences
- Sitting close to a candidate and touching their knee
- Leering, making sexual gestures, or showing a job applicant sexual pictures
- Retaliating against a job applicant who rejects sexual advances
In short, demands for sexual acts or offensive comments of a sexual nature are considered sexual harassment during the job interview.
How Our Firm Can Help
Going on a job interview is stressful enough with having to encounter sexual harassment. Job applicants in these situations may begin to doubt their qualifications or become reluctant to pursue their careers out of fear of being harassed at future interviews.
While you may be reluctant to come forward, bringing a sexual harassment claim against the employer who harassed you allows you to recover financial compensation and may prevent other unsuspecting job applicants from being victimized.
Our experienced sexual harassment lawyers will determine whether you have a viable claim and explore all your legal options. We believe that no one should put up with sexual harassment during a job interview and will work to hold the responsible party accountable.
You can depend on us to handle all the details of your claim, including:
- Conducting a thorough investigation
- Interviewing any witnesses, including the alleged harasser
- Obtaining and reviewing personnel records to determine if the employer has a history of harassment during the hiring process
- Identifying and locating other potential victims of harassment
- Negotiating a fair and just settlement with the employer and opposing counsel
Although we prefer to resolve sexual harassment claims out of court, we are always prepared to litigate to achieve the best possible outcome.
Damages We Will Fight For
In a successful claim, you may be awarded damages, such as:
- The costs related to your job search
- Emotional distress
- Loss of enjoyment of life
- Medical expenses for counseling
You may also be entitled to punitive damages to punish the employer’s misconduct and deter others from sexually harassing job candidates.
Contact Our Experienced New Jersey Sexual Harassment Lawyer
If you have been subjected to sexual harassment during a job interview or denied a position after refusing a sexual advance, you need powerful legal representation. Contact us today so we can start working on your claim.
Castronovo & McKinney, LLC helps clients with their sexual harassment claims throughout New Jersey including Bergen County, Essex County, Middlesex County, and Morris County as well as the cities of Hackensack, Newark, New Brunswick, and Morristown.