Can You Sue for Sexual Harassment as an Independent Employee?

Sexual Harassment

Sexual harassment occurs when your terms, conditions or privileges of employment are altered because of demands for sex by your supervisor. Sexual harassment may also occur when your workplace is permeated by unwanted sexual conduct or situations -- you know, pornographic images, constant off-color jokes and name calling. These things can add up to a hostile work environment that makes you feel compelled to quit your job.

De Facto Employee

Federal discrimination laws only permit employees, not contractors or customers, to sue an employer for sexual harassment. Recognizing the inherent unfairness that this rule may cause, the courts have created an exception to allow some independent contractors the right to sue for discrimination. So, if the employer treats the contractor as if she were an employee, then she is a de facto employee, and may sue for sexual harassment. It isn't easy -- these case must be steered through complex legal tests and requirements.

Employment Relationship Factors

The factors that weigh in favor of finding a de facto employment relationship include whether your employer provides the equipment and materials that you need to do your job. Others are whether your employer sets your work schedule, pays your salary directly, and provides you health insurance or other employee benefits. Courts pay close attention to whether the employer controls your day-to-day activities, such as supervising your hours and assignments.

Contractor Relationship Factors

If it looks as if you control your day-to-day actions, the courts may conclude that there was no employment relationship. If you have other clients, provide your own tools and set your own prices for services may lead to the conclusion that you are an independent contractor. Furthermore, if you perform highly specialized work or have your own business, you are likely a contractor, and not an employee.