How Do You Report Sexual Harassment When You Are Not an Official “Employee”?

Many employees and aspiring employees are sexually harassed. Sexual harassment includes requests for sexual favors, sexual advances that are unwelcome, and physical and verbal harassment that is sexually related. Offensive remarks can be sexual harassment. Generally, sexual harassment is illegal when the victim fails to get a job, is fired, or a hostile work environment is created due to improper sexual requests or conduct.

Remedies for sexual harassment where there is no human resources department

Human resource (HR) departments are supposed to investigate complaints of sexual harassment and then take steps to protect the complainant, take disciplinary action against any violators, and enforce the applicable federal and state sexual harassment laws.

Many times, though, the victim must look to other remedies because the employer company is not large enough to be bound by federal sexual harassment laws, the victim is not an employee, or the company does not have an HR department. For example, a tech worker or an actress is often considered an independent contractor and not an employee, which means that federal sexual harassment laws such as Title VII of the U.S. Civil Rights Act don’t apply.

The victim could:

• File a complaint with the police. Some sexual harassment acts, such as touching sensitive body parts, may qualify as an assault. Other acts may even be felonies. The police can charge anyone who violates a federal or state law that protects anyone from improper sexual contact or threats.
• Try to qualify as a protected person under federal or state law. The federal and California sexual harassment laws typically define what conduct is forbidden, what remedies are available, and what damages should apply. An experienced Los Angeles sexual harassment lawyer may be able to show that the victim does qualify as an employee under the relevant federal or state laws.
• File a civil action. Any conduct that intentionally or maliciously causes physical and or emotional harm can be the basis for a civil suit. In a civil suit, the burden of proof is lower than in a criminal case. Civilly, there is the opportunity for discovery of the improper conduct through interrogatories, depositions, and requests for documents including photos and videos. Damages include compensation for pain and suffering, lost income and all medical bills, including counseling. Damages may also include punitive damages to punish the wrongdoer.

Sometimes, it helps for the victims to come forward publicly by filing a civil complaint or informing the press. Often, there is strength in numbers. One victim asserting her rights, for example, can encourage others to come forward too.

At Taylor & Ring, we are very sensitive to the fears, anxieties, and anger sexual harassment victims face. We work with psychologists, psychiatrists, and counselors to help victims assert their rights and hold wrongdoers accountable, while honoring their right to privacy and their distress about being harassed. For compassionate and strong guidance, please call our Los Angeles sexual harassment lawyers by calling 310-776-6390 or by filling out our contact form.

Se habla español.