California Laws that Protect Independent Contractors From Workplace Sexual Harassment
Legal Protections Under FEHA
California is one of the few states that extends workplace sexual harassment protections to independent contractors. Unlike federal laws such as Title VII of the Civil Rights Act, which typically apply only to employees, California’s Fair Employment and Housing Act (FEHA) includes non-employees like freelancers, gig workers, and consultants. This means independent contractors are legally protected against harassment in professional settings, even when there is no formal employer-employee relationship.
FEHA makes it unlawful for anyone in a business relationship to sexually harass a contractor. This includes harassment by clients, supervisors, managers, or employees of the company hiring the contractor. These protections apply regardless of the size of the business, and even companies with only one employee or contractor can be held accountable. Under FEHA, a company must take reasonable steps to prevent and address sexual harassment affecting independent contractors in their workplace.
What Contractors Can Do
If you are working as an independent contractor and experience sexual harassment, you have the right to report the misconduct and seek legal recourse. Start by documenting every instance of harassment, including dates, names, locations, and any supporting emails, messages, or records. If the company or client has a reporting process or HR department, submit a formal complaint and keep a record of that as well.
You can also file a complaint with the California Civil Rights Department (CRD), which investigates claims of workplace harassment. If the investigation supports your claim, the CRD may offer mediation or issue a Right to Sue letter, allowing you to file a lawsuit in civil court. Independent contractors may be entitled to compensation for emotional distress, lost income, and even punitive damages if the harassment was severe or the company failed to act.
Because legal protections can vary depending on how your working relationship is classified, it is essential to consult with an experienced employment attorney. A lawyer can help you determine your legal options, file your claim, and represent you in court if necessary. Whether you are working for a tech startup, a healthcare provider, or a production company, California law ensures that you have the right to a harassment-free workplace, and you have the legal tools to hold companies accountable when they violate that right.