Q: Is this sexual harassment or discrimination?

I have been interviewing for a general manager position at a large retailer, the first interview was with "John" the regional manager, he was very very friendly, second interview was with a different women. I was on a common app called grindr where gay men meet each other. I was contacted by "John" who asked if I would like to come over and get naked. He then offered me a body massage... He is about 25-30 years older than me and it's very uncomfortable. If I do or do not get a job offer is this something that I could sue the company over? Thanks!

1 Lawyer Answer

Lincoln W. Hobbs

Answered
  • Employment Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: You would most likely have a very difficult time getting anywhere with this case. To start, it appears you voluntarily went to see him after seeing him on Grinder and being invited to come get naked. It doesn't appear he made any promises if you visited him, and you'd presumably have a difficult time, if you were not to get hired, in establishing that you didn't get hired because of your meet up with him. Lastly, for the company to have liability, it would have to have known or had reason to know of inappropriate conduct on behalf of it's employee, and you haven't presented any basis to assume they had any such knowledge.

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