Pursuing Sexual Harassment Claims as a Gig Worker

The gig economy has revolutionized the workforce, offering flexibility and independence. However, this shift has also introduced unique challenges, particularly regarding workplace rights and protections. One critical area of concern is sexual harassment. If you’re a gig worker, you might wonder how to pursue a sexual harassment claim and what compensation you can expect. Here’s what you need to know about pursuing sexual harassment claims as an independent contractor.

Understanding Your Rights as a Gig Worker

What is Sexual Harassment?

Sexual harassment involves unwelcome advances, comments, or behavior of a sexual nature that creates a hostile or intimidating environment. It can take various forms, including inappropriate comments, unwanted physical contact, or sexual propositions. Regardless of your employment status, everyone deserves to work in an environment free from harassment.

Independent Contractor Claims

As an independent contractor, your legal status differs from that of a traditional employee. Typically, gig workers operate with more autonomy and less direct oversight from employers. This independence can complicate how sexual harassment claims are handled, especially in terms of who is liable and what compensation might be available.

Liability and Legal Protections

Who is Liable for a Sexual Harassment Claim?

Determining liability in sexual harassment cases involving independent contractors can be complex. Unlike traditional employees who may have clear recourse through their employer’s human resources department or company policies, gig workers often deal with multiple parties:

• The Client or Company: In some cases, the client or company that hired the gig worker may be liable for harassment if the behavior took place within the scope of the gig or if they failed to provide a safe working environment.
• The Perpetrator: If the harassment is perpetrated by another gig worker or individual with whom you interact in the course of your work, that person may also be held liable.

Workplace Harassment and Independent Contractors

While traditional workplace harassment protections typically apply to employees, independent contractors may have different legal recourses. Many jurisdictions are expanding their definitions of workplace harassment to include gig workers. Understanding local laws and protections specific to gig workers can help determine your rights.

Pursuing a Sexual Harassment Claim

How Do I Pursue a Sexual Harassment Claim as an Independent Contractor?

1. Document the Harassment: Keep detailed records of the harassment, including dates, times, descriptions of incidents, and any communications related to the harassment. This documentation will be crucial in supporting your claim.
2. Report the Incident: If possible, report the harassment to the client or company that hired you. While gig workers may not have the same HR resources as employees, many companies have procedures for addressing harassment claims.
3. Seek Legal Advice: Consulting with a lawyer experienced in sexual harassment and independent contractor claims can provide valuable guidance. They can help you understand your rights, evaluate the strength of your case, and determine the best course of action.
4. File a Complaint: Depending on your jurisdiction, you may be able to file a complaint with a relevant agency or take legal action. In the U.S., for example, you can file a complaint with the Equal Employment Opportunity Commission (EEOC), which investigates harassment claims.

Compensation for Harassment

What Compensation Can I Expect?

Compensation for sexual harassment can vary based on the nature of the harassment and the outcome of your claim. Potential forms of compensation include:

• Emotional Distress Damages: Compensation for the emotional and psychological impact of the harassment.
• Lost Income: If the harassment led to loss of work or income, you may be entitled to compensation for those losses.
• Punitive Damages: In some cases, punitive damages may be awarded to penalize the perpetrator and deter future misconduct.

Protect Yourself as a Gig Worker

Pursuing a sexual harassment claim as a gig worker can be challenging due to the unique nature of independent contracting. However, you have rights and options available to address and resolve harassment issues. By documenting incidents, understanding your legal options, and seeking professional advice, you can navigate the process and seek justice and compensation for the harassment you’ve experienced. If you believe you’ve been subjected to sexual harassment in the gig economy, don’t hesitate to explore your legal rights and seek the support you need.

Call Us

We at Filippatos PLLC stand in proud solidarity with all employees, including gig workers. If you are experiencing sexual harassment as a gig worker, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.