Are Freelance Workers and Independent Contractors Protected From Sexual Harassment?

Freelance workers and independent contractors are an integral part of the modern workforce, often working alongside full-time employees. Despite their importance, questions often arise about their legal protections, particularly regarding sexual harassment. Understanding the protections available for freelancers and independent contractors is crucial for ensuring their safety and dignity in the workplace.

Federal Protections Against Sexual Harassment

Title VII of the Civil Rights Act of 1964

• Coverage: Title VII prohibits employment discrimination based on race, color, religion, sex, and national origin. It generally applies to employers with 15 or more employees.

• Limitations: Title VII primarily protects employees, not independent contractors. However, independent contractors may be protected in certain contexts if the relationship resembles that of an employee.

California State Protections Against Sexual Harassment

California Fair Employment and Housing Act (FEHA)

• Coverage: The FEHA prohibits discrimination and harassment in employment based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, military or veteran status, national origin, ancestry, disability, genetic information, and age (40 and older). It applies to employers with five or more employees.

• Protections for Contractors: The FEHA explicitly protects independent contractors from harassment. This means that independent contractors can file complaints of harassment, including sexual harassment, with the California Department of Fair Employment and Housing (DFEH).

California Labor Code

• Section 12940(j): This section of the California Labor Code makes it unlawful for an employer or any other person to harass an independent contractor because of their sex, among other protected characteristics.

• Section 3351: The California Labor Code also helps determine whether a worker is an employee or an independent contractor, impacting the level of protection they receive under various labor laws.

Examples of Sexual Harassment for Independent Contractors

Sexual harassment can occur in various ways, even for freelance workers and independent contractors. Examples include:

• Unwanted Advances: Persistent unwelcome sexual advances or requests for sexual favors.

• Inappropriate Comments: Making sexually explicit or suggestive comments during meetings, calls, or through messages.

• Hostile Work Environment: Creating an environment that is intimidating, hostile, or offensive due to sexual harassment.

• Retaliation: Retaliating against a contractor for rejecting advances or reporting harassment.

Steps to Take If You Experience Sexual Harassment

If you are an independent contractor or freelancer facing sexual harassment, you should take the following steps:

1. Document the Harassment:

   • Keep detailed records of the harassment, including dates, times, locations, descriptions of the incidents, and any witnesses. Save any relevant communications, such as emails or text messages.

2. Report the Harassment:

   • If possible, report the harassment to the company or client you are working for. Follow any procedures they have in place for handling harassment complaints. Document your reports and any responses.

3. File a Complaint with the DFEH:

   • In California, you can file a complaint with the DFEH. The DFEH will investigate your complaint and may attempt to resolve the issue through mediation or other means.

4. Consult an Attorney:

   • Seek legal advice from an experienced employment law attorney. An attorney can help you understand your rights, evaluate your case, and represent you in legal proceedings if necessary.

Freelance workers and independent contractors are protected from sexual harassment under California state law, specifically through the FEHA and relevant sections of the California Labor Code. While federal protections are more limited, California provides robust legal frameworks to ensure that independent contractors can work in a safe and respectful environment. If you face sexual harassment, document the incidents, report them, and seek legal assistance to protect your rights and pursue justice.

If you need help with a sexual harassment claim or have questions about your rights as a freelancer or independent contractor, contact FairWork Legal Group. Our experienced attorneys are dedicated to protecting workers from harassment and ensuring justice in the workplace.