Legal Question in Sexual Harassment in Massachusetts
Freelancer able to sue a company for harassment?
I am a freelancer for a large corporation. One of their employees harassed me
starting in 1998 and continuing on for years. She told people I was spending
the night with her (I am female) and hit on me in the office. This caused me
to be harassed by other freelancers (male). She did this because she thought
that I didn't talk about my boyfriend/husband and that the guys were
attracted to me and then I told them I had a boyfriend. They would then yell
at me that I should admit what I am etc. She received a warning from the
company, but it continued on. The VP to whom I was complaining witnessed
many of these events in the office. I was told by employees that they wanted
me to sue the company so they would have a reason to fire her and she
wouldn't have a discrimination lawsuit against them. Eventually she started to
work from home, which is never allowed. She was laid off a while ago, but
not for this. They have hired her back and I do not want to work there while
she is in the office. Is a freelancer able to sue a company? This woman had
the power to hire and fire me from jobs. This is my largest client and losing
them would result in losing about half of my income.
1 Answer from Attorneys
Re: Freelancer able to sue a company for harassment?
A "freelancer" or independant contractor is able to sue a company in a variety of circumstances for sexual harassment under both Massachusetts and Federal law.
In some instances, "freelancers" fall within the definition of an employee under state and federal law even though the employer did not regard them as such. In these cases, it is possible to proceed just as a regular employee would proceed with their complaint - by filing a charge of discrimination with the EEOC or MCAD.
In other cases, there are a variety of laws that permit independant contractors to sue for discrimination. Claims for violation of Massachusetts Civil Rights Act, ch. 12 sec. 11I, Massachusetts Equal Rights Act, ch. 93 sec. 102-103, and ch. 214 sec. 1C, which prohibits sexual harassment in some workplace settings.
Let me know if you would like a copy of my newsletter which addresses some common issues in sexual harassment cases. I have handled more than 15 sexual harassment cases in Massachusetts.
617-566-3670
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
