What law protects independent contractors from sexual harassment?
California Civil Code Section 51.9 is a law that applies to sexual harassment in the workplace. It provides protection to employees, as well as certain non-employee individuals who are working in a business or professional relationship, from sexual harassment in the workplace.
Under this law, an independent contractors can potentially be protected from sexual harassment if they are working in a business or professional relationship with the person or entity that is alleged to have harassed them. The specific language of the law states that it applies to "any person providing services under a contract with an employer or any person providing services to an employer or any person providing services under a contract with an employment agency."
This means that if you are engaged professionally with an employer by providing on-site consulting services or working on a worksite as a tradesperson, you are granted rights and protections against sexual harassment as an independent contractor.
FEHA grants independent contractors rights and protections from sexual harassment.
The Fair Employment and Housing Act (FEHA) is a California state law that prohibits discrimination and harassment in the workplace based on certain protected characteristics, including sex, gender, and sexual orientation. Under FEHA, employers have a duty to provide a workplace free from harassment and discrimination and to take reasonable steps to prevent and promptly correct any harassing or discriminatory behavior.
FEHA applies to independent contractors in the same way that it applies to employees. Specifically, independent contractors are protected from discrimination and harassment in the workplace based on the protected characteristics listed in FEHA.
Suppose you, as an independent contractor, believe that you’ve been subjected to discrimination or harassment on the job. In that case, you may file a complaint with the Department of Fair Employment and Housing (DFEH). Our firm can assist you with this to obtain a right-to-sue letter to resolve the matter through legal action.
What can I do if I'm an independent contractor that's been sexually harassed by a client?
If you’re an independent contractor who has experienced sexual harassment in the workplace, it is important to seek legal advice as soon as possible to determine your rights and options for seeking justice. Our firm has experience seeking legal action against employers on behalf of independent contractors. Get legal help now.
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