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If you’re an independent contractor working in New York City, you may wonder whether the same workplace protections apply to you as they do to traditional employees. The short answer? They often do, especially when it comes to sexual harassment.
Many contractors assume they’re not covered because they’re self-employed; however, New York City has some of the strongest anti-harassment protections in the country, which extend to more than just full-time employees.
Whether you’re a freelancer, gig worker, consultant, or contractor, you don’t have to tolerate inappropriate behavior in your work environment.
What Is Sexual Harassment Under NYC Law?
Sexual harassment includes a wide range of unwanted conduct based on sex, gender, or sexual orientation. The New York City Human Rights Law (NYCHRL) defines it broadly to include:
- Unwelcome sexual comments, jokes, or gestures
- Requests for sexual favors
- Sexually explicit emails, texts, or messages
- Unwanted touching or physical intimidation
- A work opportunity being offered or withheld based on sexual conduct
Importantly, harassment doesn’t need to be “severe” or “pervasive” to be illegal under city law. Even a single act may be enough if it interferes with your ability to do your job or creates a hostile work environment.
Are Independent Contractors Protected? Yes.
Unlike many state or federal laws, the NYCHRL goes beyond protecting just W-2 employees. Since 2018, NYC law has explicitly protected independent contractors, freelancers, and other non-employees from sexual harassment and discrimination in the workplace.
This means that even if you receive a 1099 instead of a W-2, you still have the right to work free from harassment. These protections apply regardless of your:
- Industry (e.g., fashion, media, hospitality, tech)
- Work location (remote, hybrid, on-site)
- Hours worked or length of contract
Whether you’re working on a one-week project or a long-term assignment, you have the right to a safe and respectful work environment.
What Should You Do If You’ve Experienced Harassment?
If you’ve been sexually harassed while working as a contractor, here are steps you can take:
- Document the behavior–Save messages, emails, screenshots, and any relevant records. Write down what happened, including dates, times, names, and locations.
- Don’t confront the harasser alone–While it’s natural to want to respond immediately, it’s best to consult an attorney first. Retaliation can take many forms—being dropped from a project, blacklisted, or denied payment—and you’ll want to be protected.
- File a complaint or take legal action. In NYC, you can:
- File a complaint with the NYC Commission on Human Rights
- File a lawsuit under the NYCHRL
An attorney can help you evaluate the best course of action based on your situation.
How a Sexual Harassment Lawyer Can Support Your Case
Sexual harassment cases involving independent contractors can be complex. Multiple parties might be liable, including the company that hired you, the individual harasser, or a third-party agency. An experienced employment attorney at Lipsky Lowe can help you:
- Determine whether your rights were violated under NYC law
- Preserve critical evidence
- File claims with the appropriate agency or court
- Seek damages for lost income, emotional distress, or retaliation
Most importantly, a lawyer can stand between you and the party that harassed you—so you don’t have to face the situation alone.
FAQs on Harassment of Contractors
Q: Can I file a complaint if I’m a freelancer or gig worker?
Yes. NYC law protects all workers, including independent contractors, from sexual harassment.
Q: Do I need to work a certain number of hours to qualify for protection?
No. Protections apply regardless of the number of hours worked or the duration of the contract.
Q: What if the harassment came from someone at the client company?
Even if the harasser isn’t your direct supervisor, they may still be liable. NYC law considers power dynamics broadly.
Protecting NYC Independent Contractors from Sexual Harassment
Independent contractors are not second-class workers under New York City law. If you’ve been subjected to sexual harassment, you have the right to take action—and to be treated with dignity and respect at work.
Lipsky Lowe has helped workers throughout NYC, including freelancers and contractors, stand up to workplace harassment. Contact us today for a confidential consultation.