Searching for a new job is stressful enough without having to worry about whether gender discrimination played a role in you not getting a job offer. It is unlawful for any prospective employer to discriminate against job applicants based on their gender or subject any job applicants to sexual harassment. The experienced and helpful gender discrimination attorneys at Leeds Brown Law are prepared to help you defend your rights if you experienced sexual harassment in the hiring process.
Legal Protections Against Sexual Harassment in the Hiring Process
There are laws at the city, state and federal levels that prohibit gender discrimination and sexual harassment in the hiring process. First of all, any prospective employer that has more than 15 employees is subject to the Civil Rights Act of 1964, which prohibits gender discrimination at the federal level. In addition, the New York State and New York City Human Rights Acts make it illegal for an employer to engage in gender discrimination. These laws are helpful because they apply to businesses that have at least four employees.
Before deciding which law best applies to your case, you should consult with a reliable sexual harassment attorney in New York City. They can best advise as to which court is the best place to bring your claim and what you might need to do in the meantime to preserve your rights to sue an employer or prospective employer.
There are two common forms of gender discrimination in the hiring process. The first is a scenario in which a prospective employer demands sexual favors in exchange for a job offer or promotion. This is referred to as quid pro quo. The second type of illegal harassment in the workplace is the creation of a hostile work environment that subjects employees to repeated and pervasive discriminatory or harassing behaviors. This usually involves more than an isolated incident of an offense comment to constitute a legitimate claim for sexual harassment in the workplace based on a hostile work environment.
Seeking Damages for Sexual Harassment in the Hiring Process
If you have been the victim of sexual harassment or gender discrimination by your employer or prospective employer, you may have a civil claim for damages. You can receive damages from the employer for lost compensation that you would have earned had you not been harassed. You may also be entitled to damages based on the emotional distress that you experienced as a result of the sexual harassment. The best way to know which damages might apply to your case is to speak with a trusted sexual harassment attorney about the details of your claim.
Before you file a lawsuit, you will have to file a claim for sexual harassment against an employer or prospective employer through the Equal Employment Opportunity Commission (EEOC). You will present your case to the agency, and it will ultimately determine whether immediate action should be taken against the employer. It could also inform you that you have the right to sue your employer or prospective employer. It is helpful to file a complaint with the EEOC with the assistance of an experienced lawyer because this process can be quite complex.
Filing a Claim for Sexual Harassment in the Hiring Process
It is important to retain a capable and trusted New York City gender discrimination attorney to pursue a claim for sexual harassment in the hiring process. Contact our legal team at Leeds Brown Law by calling us today at 866-728-5015. You can set up a free consultation to discuss the facts of your case and find out what the possibilities are for recovering damages against a business for sexual harassment in the hiring process. The sooner you give our office a call, the closer you will be to developing an effective legal strategy for your sexual harassment case.