When you’re interviewing for a job, you should feel excited about the prospect of a new endeavor. However, sexual advances during the hiring process can make the event uncomfortable. It can also lead to sexual harassment charges being filed as these actions are prohibited under state and federal laws that are in place. You try to do everything correctly and in a professional manner while you’re interviewing for your job, but if the employer doesn’t reciprocate and acts in a manner that is harassing, then it can make you not want to accept the position. It is illegal for you to be touched in a sexual manner or to be addressed in any sexual way during the hiring process. If this happens, then you can consult with local law enforcement or an attorney so that charges can be filed against the employer. If there isn’t enough evidence for charges, then you can at least file a claim against the employer.
Even if you haven’t been hired and aren’t working for the company, sexual advances are considered harassment when you’re involved in the hiring process. You have the decision to accept the job that is offered or not. You could encounter a quid pro quo situation where you are offered the job in exchange for a sexual favor that you perform. This is a common type of sexual advance that is made during the hiring process that is often unexpected. You might feel as though you’re backed into a corner and feel that you have to oblige in order to be hired. You need to know that this is illegal.
You could also be involved in a hostile environment where the employer makes you feel threatened or uncomfortable during the hiring process. Although you feel intimidated and uncomfortable, one single incident usually isn’t enough to charge someone with harassment, but the person can have a claim filed against them for unwanted sexual advances. If there is an employer who is higher than the one who conducts the interview, then that employer can be held responsible as well. A hostile work environment is often seen after you have started working for the company, but there could be indications that something will happen during the interview process, such as unwanted gestures or comments.
When you talk to an attorney, you might learn that you could be awarded damages to the advances that were made during the hiring process. If you have any written details about the incident, such as comments in a text message or in an email, then you need to give them to your attorney. These details can show that the employer tried to create a situation that was uncomfortable and illegal instead of one that was professional. There are several state and federal laws as well as local laws in counties and cities that prohibit sexual advances and harassment and that protect you as the employee. Even after you’re hired and are still receiving these advances, you are protected under these laws.
One regulation that allows for compensation is Title VII. You can receive compensation for any time that is lost at work, any treatment that you might need, and any pain or suffering that you endure whether it’s physical, mental, or emotional. If the incidents have occurred over an extended time, then the compensation amount could be more than what you would receive if the incidents only occurred once or twice or even a few times. This is why it’s important to document every situation that happens, even if you don’t think that it would have any kind of bearing on your claim.