While there are strict state and federal laws in place, there are employers who don’t adhere to these laws and guidelines. The Fair Labor Standards Act (FLSA) applies to companies with 15 or more employees.
When you go to a job interview, it can be a stressful situation. If you go to an interview where a manager or supervisor starts acting inappropriately it can put you in a tough position and make matters worse.
The interviewing manager has a position of power over your situation at that time. The interviewing manager has the decision of whether to hire you or not.
How you respond to their actions and comments could play a major role in the outcome of your job hunt. The person doing the interview has the potential and capability of giving you the job that you need and that you want.
How Sexual Harassment Could Occur in a Job Interview
There are many ways that sexual harassment could happen during a job interview. You could be touched inappropriately, you could be subjected to lewd and sexually inappropriate comments, you could be shown inappropriate images or sexual images could be displayed in the office or on the interviewer’s computer screen.
You could also be asked inappropriate questions during the interview, such as if you are single, what is your sexual history or identity, or if you are in a committed relationship.
If you are subjected to a situation like this, you should maintain supporting evidence and documentation that prove what happened, how it happened, and how you responded.
Sexual harassment is never accepted, and if you are a victim of sexual harassment during a job interview, odds are that others have suffered from the same treatment and you reporting the incident could help keep others from suffering the same situation.
Harassed On the Job
If you passed the interview for a job but you begin experiencing harassment as soon as you start the job, you should file a complaint.
Starting a new job can be a nerve racking experience and you are determined to give a good impression to your employer.
Harassment at work is considered to be unwelcome conduct that is based on the victim’s race, color, religion, sex (which includes including sexual orientation, gender identity, or pregnancy), national origin, being of an older age, disability, or genetic information (including family medical history). Examples of harassment may be verbal, directly to your face, or sent by email or text or voice mail messages to your phone.
However, if you find you are being harassed either by a co worker or someone in a high position this is illegal. Harassment at work is considered to be unwelcome conduct that is based on the victim’s race, color, religion, sex (which includes including sexual orientation, gender identity, or pregnancy), national origin, being of an older age, disability, or genetic information (including family medical history).
Examples of harassment may be verbal, directly to your face, or sent by email or text or voice mail messages to your phone. If you have been subjected to harassment you will need to inform your employer by writing a polite letter. When doing this it is necessary to provide evidence that proves you have been harassed.
If you have been subjected to harassment you will need to inform your employer by writing a polite letter. When doing this it is necessary to provide evidence that proves you have been harassed. This could be any of the following:
- testimonies from co-workers who have been harassed in a similar way;
- testimonies written by witnesses who saw how you were treated;
- evidence such as photos or objects that were used to harass you;
- your daily log with dates of the harassment and what happened;
- copies of complaints you may have already filed with your employer and any responses you received;
- medical records, or a report written by your doctor or psychiatrist about how the harassment has caused you harm and emotional distress.
What You Should Do
If you have been sexually harassed during an interview, you should be sure to jot down detailed notes while the incident is fresh in your memory.
If possible, gather evidence. Gather any evidence that you can and be sure to look around the area. After all, there could be a surveillance camera in the area that catches the incident on video. If so, that video footage could be subpoenaed and used as supporting evidence.
Be sure to take note of any witnesses. Witnesses may be asked to provide written statements or to explain what they saw and heard.
If there are photos or recordings, memos, emails, or texts, be sure to hold on to them so they can be used to support your sexual harassment claim against the employer. If you have been the victim of sexual harassment during a job interview, you should formally notify the company.
You would send them a written notification of the incident. You should keep proof of your notifying upper management or human resources regarding what happened.
They should respond to your complaint, and you should maintain copies of any correspondence that you receive. Be sure to document any phone calls from the company, noting the date and time of the call, the number from which you received the call, and the caller. Be sure to notate what was said and how the matter was addressed.
Enlisting The Help of an Employment Law Attorney
If you have been the victim of sexual harassment during a job interview, you should enlist the help of an employment law attorney.
An employment law attorney will be familiar with the FLSA, all other federal labor laws, and state laws that pertain to sexual harassment and discrimination in the workplace.
With the help and guidance of a sexual harassment lawyer, you are much more likely to have a successful claim against the potential employer.
Your damages might include lost wages – wages that you would have earned if you had been hired or had accepted the job offer – pain and suffering and mental anguish.
Such treatment could cause depression and anxiety, and those are legitimate medical problems that require the care and attention of a medical professional.
Your attorney will gather the supporting evidence and documentation that your claim needs to advance to the next level. Your lawyer will help you file your claim with the EEOC and will help you file a lawsuit to recoup compensation for your damages.
Complete the Free Case Evaluation Form on this page to share the details of your claim with an attorney in your area.
