Despite strict laws and guidelines established by different employers, sexual harassment still happens. If you have suffered sexual harassment, you should act promptly and report it to the proper authorities.
You need to understand the process that specific employer has for filing a sexual harassment claim and for reporting inappropriate behavior.
You would need to go to human resources or to a supervisor and they are required to investigate your allegations. As an independent contractor, who is not considered an actual company employee, it can be complicated when you suffer sexual harassment and you may not know how to file a claim.
You Should Have Your Situation Reviewed
If you have been the victim of sexual harassment as an independent contractor, you should speak with an expert about your situation.
An employment law attorney who handles sexual harassment claims will know your rights and will determine the best way for you to proceed with your claim.
You do not have to be subjected to harassment and mistreatment just because you are a contractor and not an actual employee of the company.
An attorney will investigate your situation and will help you gather supporting evidence to prove that you were the victim of sexual harassment.
Your lawyer will walk you through the legal process and determine the best way to proceed with your claim.
An attorney will be able to fully explain your rights and will determine what actions you should take and how to resolve the matter and put an end to the harassment. You may also be able to recover damages.
Figuring Out Who To Report To
If you are an independent contractor, you signed an agreement or a contract with the business or individual for whom you work and provide services. In most cases, the person that holds that contract is liable for any damages you incur from inappropriate actions, including sexual harassment.
Civil rights have protected workers from gender discrimination by their employer, but if you are an independent contractor, you technically work for yourself. Being self-employed means that you have different guidelines and may not have some of the protections of an actual employee.
While federal laws are worded to protect employees, some states have enacted their own laws that also protect independent contractors.
The New York State Human Rights Law covers independent contractors, subcontractors, vendors, and consultants. In other words, anyone who provides services in a place of business is offered protection by the law.
In New York, companies that receive complaints are required to respond to any complaints of sexual harassment made by independent contractors – and that is also true if those involved are not on the company’s organizational chart just so long as it happened in the place of business or on the job site.
Evidence To Gather
If you have been the victim of sexual harassment and you are an independent contractor, you need to gather supporting evidence that shows what happened, how it happened, and when it happened.
The more supporting evidence that you can provide, the more likely you are to prevail with your complaint.
Examples of supporting evidence may include statements from any witnesses to the harassment and statements from other contractors, vendors, or even company employees who have had similar experiences or witnessed other similar incidents.
You should work to gather any electronic or physical evidence, such as video footage or audio recordings that capture sexual harassment and similar inappropriate actions.
If you received texts or messages that were inappropriate or of a sexual nature, they can also be used as evidence to support your claim.
If sexually explicit images or comments were posted, a digital image of that taken with your phone can support your claim as well. The more supporting evidence you can gather, the greater your likelihood of a successful claim.
Get a Free Case Evaluation Today
If you are an independent contractor who has been the victim of sexual harassment in the workplace, you should enlist the help of an employment law attorney.
With the help of a lawyer, you are much more likely to succeed with your claim. When you meet with a lawyer, be sure to go over their payment plans because some attorneys require a retainer to be paid upfront while others will take cases on a contingency basis.
Complete the Free Case Evaluation Form on this page today to share the details of your sexual harassment situation with an attorney who represents clients in your area.
