Finding employment in today’s job market can be hard even for highly qualified candidates. A lot of job applicants are subjected to harassment during the hiring process and tend to keep quiet because they need the job. If you have a legal concern that involves misconduct during recruitment, you can depend on Sexual Harassment Lawyers in Queens for legal help.
The Civil Rights Act of 1964 prohibits discrimination based on sex. This applies to companies with at least 15 employees and is administered by the Equal Employment Opportunity Commission (EEOC). Before you can file a claim under this law, you should file a charge with the EEOC, usually within 180 days after the discrimination happened. Thus, you need to act quickly to make sure your rights are protected.
How Sexual Harassment Occurs During Recruitment
Sexual harassment refers to any unwelcome conduct of a sexual nature that can be used as a basis for an employment decision, interferes with the performance of an employee, or creates a hostile work environment. It may include sexual advances or requests, sexual comments, or physical contact. Also, conduct that is based on the sex or gender of a person is considered sexual harassment. Job applicants can experience discrimination and harassment at any stage of the employment process, including hiring. They may encounter two different kinds of harassment.
Kinds of Sexual Harassment
If an employer provides a job applicant with an employment benefit in exchange for some form of sexual act, this is unlawful quid pro quo harassment. For instance, an employer may promise to hire an applicant only if she will go on a date with him. Generally, any offered benefit, including a higher starting salary or move vacation time, traded for a romantic or sexual favor may be considered quid pro quo harassment.
The second kind of mistreatment in the hiring process is hostile work environment harassment. This happens when an employer engages in intimidating, hostile, or offensive conduct. Often, it takes more than one event to create a hostile work environment unless it is sexual assault. In addition, advances made during the recruitment process may be perceived as implying that the response of the candidate will impact their tendency to get hired and offer’s quality.
A potential employee who has been sexually harassed may be eligible for compensatory damages for their emotional distress and any financial damages that resulted from the unlawful behavior. A reliable attorney can help them navigate complex issues related to sexual harassment.
