Can I Sue for Sexual Harassment During a Job Interview? | IL

 Posted on September 15, 2024 in Sexual Harassment

Thirty-eight percent of all women and 14 percent of all men have reported experiencing sexual harassment in the workplace. However, more than three-quarters (78.2 percent) of all sexual harassment workplace claims are filed by women. Although most of us are aware of the prevalence of sexual harassment in the workplace, we may not think about such behaviors occurring during a job interview.

Unfortunately, sexual harassment during a job interview is more common than you might think. Interviewing for your dream job can be both exciting and anxiety-inducing. While you may have stressed over what to wear and fussed over your resume, you probably did not expect to be faced with sexual harassment during your interview.

There are two types of sexual harassment - quid pro quo and a hostile work environment. Quid pro quo occurs when you are offered something (a job, promotion, raise) in return for sexual favors and is the type most likely to occur at a job interview. If you experience sexual harassment during your interview, the way you handle the situation can determine whether you will be able to sue for damages. Perhaps the most difficult part of building a case will be offering proof of the sexual harassment.

In most interviews, the interviewer and the person being interviewed may be the only two in the room. While this seems like a "he said, she said" situation, you might be surprised to find that others had the same experience. Your first step is to contact a sexual harassment attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC as quickly as possible while the incident is fresh in your mind.  An experienced Wheaton, IL sexual harassment attorney will know exactly what questions to ask and how to proceed.

How Do You Identify Sexual Harassment During a Job Interview?

A handshake before and after the job interview is complete is normal, but unwanted touching or touching you in a way that makes you feel uncomfortable is not. To be clear, a simple handshake is not harassment, but if the interviewer continues holding your hand long after the handshake is over, strokes your hand, or refuses to let go of your hand, these behaviors are not okay. In the same vein, a simple compliment like, "I like your necklace," is very different from, "You have beautiful bedroom eyes." Other examples of sexual harassment during an interview include:

• The interviewer makes any type of lewd or sexual gestures or remarks.
• The interviewer continues to comment about your body or appearance.
• Sexual demands are made to you. 
• You are asked repeatedly about your marital status, sexual identity, or sexual preferences.
• The interviewer makes comments regarding gender (i.e., "I do not think a delicate little flower like you can handle this job" or "This is a man’s job").
• Unwanted touching, such as rubbing your shoulders, occurs or the interviewer sits close to you and rubs your knee or thigh.  
• You refuse the interviewer’s advances and are immediately told you will not be hired.  

It may be difficult to prove that despite being the most qualified candidate you were not hired because you asked the interviewer to stop touching you or told him or her the comments were making you uncomfortable. You do have one advantage; few sexual harassers wake up one day and start exhibiting these behaviors.

It is highly likely that your interviewer has sexually harassed others, so let your lawyer look into that issue on your behalf. If you file a sexual harassment lawsuit, you could recover damages, including costs related to your job search, lost wages, emotional distress, loss of enjoyment of life, counseling expenses, and attorney fees.

Contact a DuPage, IL Sexual Harassment Lawyer

If you have been sexually harassed during a job interview, contact a Wheaton, IL sexual harassment lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC as quickly as possible. At MKFM Law, our attorneys are empathetic, experienced, and skilled in collecting evidence, interviewing witnesses, and locating other potential victims of the harasser. We will aggressively defend your legal rights while negotiating a fair settlement. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 to schedule an initial attorney meeting.