Executive Summary. In groundbreaking legislation last year, New York State amended its Human Rights Law (“NYSHRL”) to prohibit sexual harassment against non-employees of all types, including models, stylists, and artists in the fashion industry who are classified (correctly or not) as independent contractors. Because of this amendment, “IRS Form 1099” workers throughout NYS will have the same sexual harassment and retaliation protections as “IRS Form W-2” employees. They can file internal sexual harassment claims with the talent agencies that assign them or the companies that actually engage them or file legal complaints with the NYS Division of Human Rights or in court. Businesses referring or engaging even one independent contractor are covered. For independent contractors who work in NYC, this amendment adds statewide protections to existing NYC sexual harassment protection under the NYC Human Rights law. (“NYCHRL”)
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