Sexual harassment sub contracted employee
You must first file a discrimination charge with the government agency before filing a lawsuit. If you are wondering what your rights might be if you are the victim of sexual harassment in the workplace but not a permanent employee, you have come to the right place.
If those go nowhere, it is time to consider filing a civil lawsuit for damages.
How do independent contractors
“The EEOC is now recommending that general contractors take a leadership role in preventing harassment at the workplace as a whole, even with respect to employees of their subcontractors and. A relatively recent change to Maryland law now allows independent contractors, temporary workers, and employees working for companies with even a single employee to bring sexual harassment claims forward.
The law now extends to harassment experienced by their independent contractors. Even if you do not otherwise classify as an employee under Title VII, you still have legal recourse against workplace sexual harassment under Maryland law.
What Kaminer seems to overlook – in saying the independent contractor is less “powerless” than the employee – is that sexual harassment should never be acceptable in the workplace, that the employer’s behavior is inexcusable and that encouraging the contractor to find work elsewhere is an egregious instance of blaming the victim.
- Workplace Sexual Harassment as
If you are the victim of workplace sexual harassment as a contractor, contact Smithey Law today to schedule a consultation. Sexual harassment can include a variety of behaviors, including unwelcome sexual advances or unwanted touching, offensive remarks about a person's sex (such as making offensive comments about women, for example), or requests.
You should reach out to an attorney as soon as you believe you are experiencing workplace sexual harassment. This article provides an overview of workplace sexual harassment and your rights and remedies as a temporary or contractor employee.
Civil rights have protected workers from gender discrimination by their employer, but if you are an independent contractor, you technically work for yourself. Workplace sexual harassment also extends to any situation where the acceptance or rejection of sexual conduct or advances is used as a basis for employment decisions e.
And when it comes to sexual harassment training, contract workers should be included.
Federal Legal Corner Sexual
They can advise you of your options and how to document your experiences. An employer is also liable if their negligence led to the harassment or the continuation of the harassment. Generally speaking, sexual harassment cases in Maryland are divided into quid pro quo claims and hostile work environment claims.
Notably, the law also extends to claims of harassment based on race, religion, age, disability, and more.
Contractor Status Complicates Workplace
Have you been retaliated against, wrongfully let go, or forced to work in unsafe conditions due to COVID? If they have another employer, that agency can conduct the training, or the contracting company can handle it.
Explore EEOC's policy guidance documents addressing sexual harassment in the workplace and learn about related enforcement measures and complaint processes. However, the Maryland courts have generally extended these protections to any worker the employer has at least some control over.
The timeline for filing the lawsuit used to be two years, but recent changes to the law have now expanded that time to three years from the latest incident of harassment. In most cases, the person that holds that contract is liable for any damages you incur from inappropriate actions, including sexual harassment.
An employer could be held legally liable for sexual harassment if the individual responsible for the harassment was supervising, directing, in charge of employment decisions, or evaluating the work of the employee who was harassed.
Sexual Harassment As An
Find out if you qualify for a claim! Title VII, one of the laws that the Employment Litigation Section enforces, prohibits sexual harassment in the workplace. In other words, contractors and temporary employees still have a right to a workplace free from sexual harassmentand their employer or agency may be held accountable for sexual harassment.
Simply put, employers in Maryland can be held responsible for sexual harassment when they know it is happening and do nothing to stop it. Workplace sexual harassment is illegal on both the state and federal levels. This list is not exhaustive and can include other behavior and conduct with varying degrees of severity.
The ramifications of the law are significant and allow a harassed employee to file claims they otherwise could not pursue under federal law. Under Maryland law, sexual harassment is defined broadly as unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature.
Of course, a member of our team is available to answer your questions and discuss your case with you. With this change, as a temporary employee and sexual harassment victim, you may have remedies available.