Beyond the Office: Sexual Harassment in Non-Traditional Workplaces

When most people think about workplace sexual harassment, they think of inappropriate conduct taking place between co-workers in corporate high rises, offices, and cubicles. But for an increasing number of people, the “workplace” isn’t an office at all. Instead, it’s a rideshare car, a film set, a hotel kitchen, or a Zoom call. While these types of settings often bring more flexibility to peoples’ work lives, they can also create more ambiguity when it comes to crossing boundaries in the workplace. 

In non-traditional work settings, the risk of harassment doesn’t disappear. In fact, it often increases. In these types of workplaces, there is less likely to be an accessible Human Resources department, a well-defined chain of command, or a clearly communicated procedure for reporting, preventing, and punishing inappropriate behavior. Less oversight combined with fewer established protections makes it easier for harassers in these spaces to exploit workers, and harder for victims to report abuse. This blog post explores how sexual harassment manifests in non-traditional work environments, and what to do if you have been subjected to sexual harassment in one of these settings. 

Examples of Sexual Harassment in Non-Traditional Workspaces:

“Non-traditional workspaces” include any work settings that fall outside the typical office environment with Human Resources departments, fixed hours, and employer-employee structures. They are often decentralized, informal, and lack Human Resources infrastructure or clear reporting structures. Here is a breakdown of the main types of non-traditional workspaces, and examples of sexual harassment taking place in each of them: 

1. Gig Economy: This typically includes short-term, app-based, or task-based jobs facilitated by digital platforms such as Postmates, Fiverr and TaskRabbit.
   1. An Uber driver experiences one of their passengers asking them invasive questions about their relationship status, making lewd comments, and trying to touch their leg during the ride. When the driver reports their experience through Uber’s app, they receive an auto-reply and no follow-up.
   2. A DoorDash courier is propositioned by a customer who opens the door in a towel, and asks them to “come in for a drink.” When the courier declines, the customer gives the courier a one-star rating, which affects the courier’s earnings. 
2. Freelance and remote workers: 
   1. A freelance graphic designer is working with a long-term client, who begins sending them compliments on their appearance, flirtatious emojis, and eventually, an explicit message. When the graphic designer politely rejects the client’s advances, the client refuses to pay for the last project and leaves a negative public review.
   2. During a freelance agency’s virtual team meetings, a female team member continuously makes sexually suggestive jokes about a male contractor’s appearance. With no HR department in the freelance agency, the male contractor doesn’t know where to turn to.
   3. A male tutor conducting sessions via webcam notices a female student behaving inappropriately on camera and making sexual remarks towards him. The tutor reports the behavior to the tutoring platform, but they fail to ban the student or protect other tutors from the student’s behavior.  
3. Domestic work: 
   1. A hotel housekeeper cleaning a guest’s room is followed around, cornered, and touched inappropriately by the guest. When she reports the harassment to her supervisor, she is told to “avoid that floor.” 
4. Hospitality and Nightlife: 
   1. A bartender regularly serves a customer often makes sexual comments and once grabbed the bartender’s waist while ordering. When the bartender complains about the customer to their manager, they are told, “That’s just how that customer is. They tip well.” Nothing is ever done to protect the bartender or other workers in their position. 
   2. A night shift receptionist is bombarded with inappropriate messages from a guest staying at the hotel, who threatened to complain to management if they didn’t respond. 
5. Entertainment and Creative Work:
   1. A young actress is invited to a “private audition” in a hotel room by a producer. During the private audition, the producer exposes himself in front of the actress. 
   2. A freelance assistant on a fashion shoot is asked by the photographer to pose suggestively for “practice shots,” which weren’t part of the assistant’s role. The assistant felt pressured to comply for fear of losing future gigs with the photographer and in the industry.
6. Agricultural and Field Work:
   1. A Latinx farm worker reports to their manager’s supervisor that their manager routinely makes sexual comments, gropes them, and threatens to have them deported if they tell anyone. The supervisor fails to investigate the farm worker’s claims and protect other farm workers from the manager. 
7. Digital Creators / Influencers:
   1. A Twitch streamer receives repeatedly sexually explicit messages from a brand sponsor during a paid collaboration. When the streamer confronts the brand sponsor, the brand sponsor withdraws payment and smears the streamer’s name in private creator circles.
   2. A female creator is asked to “wear something sexier” during a sponsored product review. The request came via a private DM from a male brand rep, who later threatens to pull the female creator from the brand’s PR list when she declines his request.
   3. A sex-positive content creator receives a threatening message from a fan who discovered the creator’s real name. The fan’s message includes an offer to “meet in real life,” with veiled threats if the content creator does not respond.
8. Retail and Independent Sales:
   1. A woman selling handmade jewelry at a weekend market is cornered in her booth by a man who touches her without permission and makes sexual comments. When the woman asks the event organizers for help, they downplay the incident.
   2. A direct sales rep hosting a product party is groped by an attendee. When the sales rep reports the incident to the company, the company reminds the sales rep that they are an “independent consultant” and not technically an employee.

Next Steps: Taking Action

1. If you’ve been sexually harassed in a non-traditional workspace, the first step is to recognize that harassment is harassment, no matter where it occurs. Just because there is no available HR department for your workplace doesn’t mean that what happened to you is acceptable. Harassment can happen in homes, apps, cars, over screens, or anywhere else. Trust your gut, and don’t minimize it. 
2. Next, start documenting the harassment. Keep a designated folder containing:

• Any messages, emails, or app interactions with your harasser 
• Any messages, emails or app interactions with other people that discuss the harassment
• A personal journal detailing each instance of harassment, including the date, time, what was said or done, and who was involved
• A personal journal detailing any adverse effects you suffered due to the harassment, such as stress, anxiety, depression, sleeplessness, stomach pain, fatigue, headaches, and/or weight gain/loss, with relevant dates 
• Relevant screenshots, pictures, videos, or voice memos

This documentation can be powerful evidence if you decide to report or take legal action later.

1. If it is available to you, report the harassment using relevant platform tools. Some platforms like Uber, DoorDash, Fiverr, and TaskRabbit have in-app tools to report inappropriate behavior. Make an in-app report, take screenshots of it, and follow up if you don’t hear back from the company within a few days. Some platforms also have safety or dispute resolution teams you can escalate to if you have not received an adequate response. 
2. Take care of yourself. Sexual harassment can be an uncomfortable, harmful, and highly traumatic experience. If you experience sexual harassment, you need to make your well-being a priority. Speak to a therapist or counselor about your situation. If you can, reach out to a trusted friend or family member as well. You do not and should not have to suffer through this experience alone. 
3. Even if you’re not a formal employee you may still be legally protected against sexual harassment. In California, the Fair Employment and Housing Act (FEHA) prohibits harassment against anyone “providing services pursuant to a contract,” which includes, among other non-traditional workers, freelancers and independent contractors. Sexual harassment isn’t limited to office spaces, and the solutions for it are not either. As the workforce becomes more decentralized, flexible, and remote, it also becomes increasingly important for workers in non-traditional spaces to be educated on and stand up for their rights and protections. 

Experiencing Sexual Harassment? Get Help Today.

If you have experienced sexual harassment at work, it’s worth talking to someone who understands and can protect your rights. Everyone deserves a workplace – traditional or otherwise – where they feel respected and safe. If something feels wrong, it probably is, and you don’t have to handle it alone. You don’t need to have a perfect case, either. You just need to speak up and get support. That’s how change starts. If you believe or suspect that you have been sexually harassed at work, don’t hesitate to contact the experienced law attorneys at Makarem & Associates. We are dedicated to providing counsel, protecting your rights, and ensuring that you receive the justice you deserve. Call 800-610-9646 or complete an online contact form to schedule a free consultation today.