Is It Sex Harassment?
Q: Aside from his DESPERATE need for a good admin, it is appalling that
someone would think of doing this. It was a laugh and a kick at first,
but then as I thought about it more it really disturbed me. This man
knows my name, address, phone number, and where I presently work. Who
knows what he's capable of. Besides that, I submitted my resume
legitimately in response to a posting of a job opportunity. Do the
harassment laws extend to those who have simply expressed an interest
in a job?
A: Sexual harassment in the workplace is in some instances illegal discrimination under the Civil Rights Act of 1964. When it is illegal discrimination, then it is not a crime in which the police become involved. Instead, it is what's called a tort. Torts give one person the right to pursue a lawsuit against another because harm was done. The EEOC was established to, among other things, assist people who believe they were illegally discriminated against. The EEOC may bring a suit on a person's behalf. At some point, the person may wish to bring a separate suit. You are in a difficult situation. The law may not provide a remedy that will be satisfactory to you. A prospective boss who interviewed (or just reviewed the resume of) a person and then asks that person on a date is not necessarily illegally sexually harassing the person. So at this point, based on my experience and reading in this area, you have not much of a legal case. The reason simply is that little, if any, harm has been done at this point. The best you could argue is that he created a "hostile environment" because you *feared* declining his advance meant you *might* be turned down for the job. Your fear may be very real, and his instilling the fear in you could be argued to be a type of harm, but this argument is shaky in my view. If you decline the invitation to a date, and then do not