Can I Be Sexually Harassed During a Job Interview?

During a job interview, you do your best to be professional. When the interviewer crosses those professional boundaries, it may constitute sexual harassment. Sexual harassment in New York includes all unwelcome sexual advances or behaviors in the workplace, even when you are not technically an employee of that company. If you have been affected by sex discrimination or harassment while being considered by a position, contact an employment law attorney in New York City.

During a job interview, the employer should not ask about:

  • Your marital status
  • Age
  • Sexual preferences
  • Sexual orientation

In addition, the employer should avoid any physical contact other than a handshake. Hiring managers should not offer personal information about themselves, or ask the applicant to meet for dinner or drinks. The overall atmosphere should remain professional, focusing on the position available and whether the applicant is a good fit for the role. If the interviewer starts asking personal questions, commenting on your appearance, or requesting sexual favors, these are red flags. Don’t accept a position if you are made to feel uncomfortable during the interview process.

If you were sexually harassed or discriminated against because of your gender during a job interview, it may or may not be severe enough to file a harassment claim.  A few offhand comments or off-color jokes might be unprofessional, but not necessarily illegal. If you feel you were denied a position because of your gender, or because you refused sexual advances, it may be grounds for legal action.

The Derek Smith Law Group, PLLC handles a multitude of cases that involve sexual harassment in New York City. For further information, please feel free to call us at 212-587-0760 or toll-free at 1-877-4NYLAWS or email at


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