How do you report sexual harassment as an independent contractor?

Question

My sister was sexually harassed by a coworker. He did things like ask her to tell him sex stories and kissed her on the cheek and neck. They are independent contractors, meaning they are kind of self-employed. They have one boss, but no Human Resources Department. If this one boss chooses to do nothing about the claims that have been made, what are her options? I have a feeling he's going to choose to take no action. This took place in San Francisco, CA

Answer 1

Oddly enough I can answer this in reference to a similar case inside the same county from last year (this is NOT the same people or company, both because of the time factor and your description of exactly what is ocurring).

A female working at a client company (ie she didn't work for that company but was placed there by another company as a contractor) was sexually harassed both by male employees of the client company and by one of the client company's customers. She reported these incidents to the appropriate person in "her company", who reacted by laughing about the situation.

The female contractor then spoke individually with the men who were behaving inappropriately. She had already told them she was not comfortable with their behavior, but at this point she adopted a totally matter of fact manner and told them this again, descibed what they'd been doing specifically as sexual harassment and reminded them of the laws against it. She gave them an "out" by characterizing their actions as unwitting, ie saying she was sure they had not realized they were breaking the law but now that everyone was on the same page there wouldn't be any more problem. One of the men was coincidentally transferred before she could see if that worked, the rest backed off.

A couple of months later in a conversation regarding some job specifics both the manager of the client company and the boss of the company that sent her to work there found out about all of this. Both of them were seriously concerned. Why? Because under the law both companies had an obligation to deal with such incidents, and both could have faced penalties though the female worker had managed to get the harassment stopped on her own eventually.

In light of this I'd advise your sister to begin by telling the co-worker behaving inappropriately that what he is doing is legally sexual harassment, that it makes her very uncomfortable, and that she wants it to stop right away, if she hasn't already. Even if she has said something, it would be best to repeat this and make sure to use the specific phrase "sexual harassment" and remind him of the laws against it.

If he doesn't stop harassing her, the next step would be to speak with the boss. They may be indy, but if they are doing a job for him he does have an obligation. It sound as if this may be one of those rip off companies that actually hire people to do jobs like any other, but pretend their employees are "independent contractors" to avoid certain financial obligations by using this loophole. They still have an obligation. If the boss takes no action within say a working week, your sister may want to give him a formal written claim. (I'd actually put it in writing fromt he first, but I am not sure how she wants to handle this.) She will need to document in her written complaint exactly what is happening and what she has said to the harasser, and her attempt to have the boss deal with it too if she speaks to him and gets nowhere.

If the boss takes no action within say a week, she needs to begin taking legal steps. That doesn't mean she has to get a lawyer immediately. (She may not have the money for that.) talking with your state's labor department is a good start. She can have them explain her optons and refer her to whatever other group may be helpful. Whatever she does, she needs to follow up until the matter is resolved for her own peace of mind if nothing else.

Tell her some of us are rooting for her.

Answer 2

I'd say that men don't report for the same reason that women don't report. It has to do with being believed, and having the burden of proof behind the accusations. Much of the sexual harassment in the work place comes from a Higher-up, and the consequences of not being believed, but word "getting around" can be the end of any promotions and ultimate dismissal after an appropriate amount of time has passed. If you add to this the office chuckles, embarrassing questions and fear of retaliation...you've got a whole group of people who will not speak up and say, "Enough!" This is not a gender specific problem in the work place, it just seems that way. Quick note...there is a difference between actual stalking and sexual harassment.

Answer 3

Sexual harassment is against the law in all 50 states and DC. She needs to at least contact her state labor board, and I would contact the police and file charges as well as contact a lawyer.

Answer 4

If this boss does nothing, take legal action against this boss and the co-worker. You are legally protected against sexually harassment.

Answer 5

She should consult with an attorney who practices in this area. Her boss has the same obligation to investigate, etc., as if they were employees. If he doesn't correct the situation, she may have a basis for a suit.

Answer 6

Have her file a complaint with the police. Unwanted touching is battery.

Answer 7

ok