What rights do temporary workers have against workplace sexual harassment?

EEOC Guidelines to Protect Temporary Workers

(Broward County, FL) – March 31^st, 2016 – Temporary workers are employed by companies for a limited period of time which may last just a few days or cover several months. Oftentimes companies take on temporary workers when several employees have called in sick or when they need to fulfill an assignment during holidays when regular labor is unavailable. Sexual harassment lawyers in Broward County FL point out that temporary workers are not considered normal employees but rather as independent contractors and non- employees.

However, they have a right to be paid decently and must be protected against harassment and discrimination. Moreover, the company must look after their health and safety as well.

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Temporary Workers are Legally Protected from being Discriminated Against

There are federal laws protecting temporary workers from discrimination that is based on disability, race, gender, and national origin. Florida sexual harassment attorneys reiterate that a woman is entitled to draw the same wages as her male counterpart. Similarly a company recruiting immigrant workers for a job cannot deny a worker because the employer decided not to like her country of origin if she has valid work visa. The employer must employ them as long as they are doing their job.

You saw this in Dexter at the Gentlemen’s club where most of the strippers were from Eastern Europe, the Ukraine, perhaps Russia, for instance. In this case, the employer would not punish them for where they came since the owner already knew where they came from but many of these woman were not treated well. But they did not complain when they experienced sexual harassment (the main stripper in the show was forced to share intimacy with the owner of the club for example and the stripper could not refuse or she knew it would be much worse for her) since they did not know the system and they knew something bad would happen to them or their family back home if they did not go with the flow.  

This is sad but it does happen.

Protection from Sexual Harassment

Legally employers and co-workers are prohibited from sexually harassing temporary workers. Sexual harassment construes unwelcome touching, requesting for sexual acts, using language which is sexually explicit etc. If a temporary worker is sexually harassed then they can complain to the agency through which they have been hired and to the company’s management as well.

Measures Temporary Workers can take if Harassed

You must file a written complaint to the HR department of the company even though you might face some hurdles. The HR personnel may tell you that since you are not employed directly by the company they will not be able to take any action on the matter. If this is the case you simply state that you are complaining just to let them know that such an incident has happened. 

It is important to note here that temporary workers are considered as employees of the recruitment agency and not of the company for whom they work. This is when you must place a written complaint with the agency, suggest Broward County, FL sexual harassment lawyers.

Often the agency will not make a move against their client. In this scenario you have two alternatives. Gather all the evidence against the supervisor as fast as you can and take the matter to the EEOC. Legal counselors recommend that before you take the matter to the EEOC ask the staffing firm to reassign you to another company. This step is important because there is no other way you can protect yourself. This is because the company is not bound legally to take steps to protect you.

EEOC Guidelines

EEOC guidelines mandate that like companies, staffing firms cannot discriminate against temporary workers. Technically temporary workers qualify as employees of the staffing firm. Most importantly EEOC regulations specify that that both the staffing firm and their client can be held liable in a lawsuit depending on the kind of contract they have with the company.

If you are facing regular harassment as a temporary worker it would be in your best interest to seek help from a Florida sexual harassment lawyer who will find a way to deal with the problem legally and permanently.