When you work as a freelancer or independent contractor, you may enjoy flexibility you would not have as an employee. The tradeoff is that you lack many traditional employment safeguards.
New York City recognized the need to offer human rights protections to gig economy workers. As a result, the city’s human rights law allows freelancers and independent contractors to report claims of employment harassment and discrimination.
All gig economy workers benefit from these protections. You do not need to work under a formal agreement. The location and duration of work does not affect your rights under this city law.
Even if you are not a traditional employee, you may receive reasonable accommodations for pregnancy or lactation. Employers must also provide reasonable accommodations to support your needs if you have experienced sexual assault or domestic violence.
Liability may extend to employers and employment platforms
Employers may have liability if their independent contractors or freelancers harass co-workers. To be liable, the employer must have knowledge of the behavior and fail to intervene.
If you experience workplace harassment, you may also have a claim against any app or platform you used to find your gig. For example, you may hold an employment app or platform liable if individuals running it failed to take action against a customer they knew or should have known harasses contractors.
Employers must provide annual sexual harassment prevention training
Under some circumstances, employers must require annual sexual harassment prevention training for their independent contractors:
- The employer has 15 or more employees.
- The contractor works for at least 90 days in a calendar year. The days do not need to be consecutive.
- The contractor works more than 80 hours in a calendar year.
If you work for more than one employer, you do not need to go through training at each workplace. After you complete your annual training, you can provide other employers with proof of completion.
