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Can Sexual Harassment Occur in the Hiring Process?

November 30th, 2022
Chester County Sexual Harassment Lawyers at The Gold Law Firm P.C. Advocate for Clients Who Have Experienced Sexual Harassment During the Hiring Process .

Sexual harassment is unwelcome behavior that is sexual in nature or is based on gender, either explicit or implicit. Sexual harassment can affect job performance, employment decisions, or creates a hostile work environment. Workplace sexual harassment is not just limited to employees. It can also happen during any stage of the hiring process, such as applications or interviews.

Sexual harassment is illegal, and Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act (PHRA) protect workers from harassment and discrimination.

What Types of Sexual Harassment Can Occur During Hiring?

One form of harassment is a hostile work environment. This is when the employer’s behavior is so severe that a reasonable person finds the conduct offensive or intimidating. A single, overt event may create a hostile environment. More typical is a series of events that interfere with the hiring process.

Quid pro quo sexual harassment is when one party makes an offer in exchange for a favor. In this context, it is the employer, hiring manager, or other decision-maker offers employment in exchange for a sexual favor. This can also apply to an applicant’s prospective employment benefits, such as a higher starting salary.

What Sexual Harassment Laws Protect Job Applicants?

Pennsylvania has multiple laws to protect workers from sexual harassment. Among these is the PHRA, which prohibits discrimination in the workplace and public accommodations based on sex as well as age, ancestry, color, disability, national origin, race, and religion.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex or gender. This includes failing to hire or refusing to hire people, as well as limiting employment opportunities due to gender or sex. Title VII applies to workplaces with 15 or more employees.

How Do I Report Sexual Harassment?

The Pennsylvania Human Relations Commission (PHRC) was created in part to enforce the PHRA. Someone who has experienced harassment may file with the PHRC within 180 days of the incident.

Another option is to submit a complaint with the Equal Employment Opportunity Commission (EEOC). Their website provides information on how a worker can file a charge. Complaints to the EEOC should be filed within 300 days of the incident. It is advisable to speak with a lawyer to determine your legal options and which path to take.

Chester County Sexual Harassment Lawyers at The Gold Law Firm P.C. Advocate for Clients Who Have Experienced Sexual Harassment During the Hiring Process

Whether you are an applicant or employee, workplace sexual harassment is illegal. If you have experienced harassment during the hiring process, do not hesitate to contact one of the experienced Chester County sexual harassment lawyers at The Gold Law Firm P.C. We will guide you through the legal process and protect your rights. For a free consultation, call us at 215-569-1999 or complete our online form. We are located in Philadelphia and Pennsauken, New Jersey, and we work with clients across South Jersey and Southeastern Pennsylvania, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, Lehigh County, and Montgomery County.

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