FEHA Protections for Independent Contractors and Interns
Many workers assume California’s workplace civil rights laws only protect “employees.” But under the California Fair Employment and Housing Act (FEHA), certain protections extend beyond traditional employees to include independent contractors and unpaid interns/volunteers, especially in harassment situations.
This matters because contractors and interns often face higher risk: fewer workplace safeguards, unclear reporting channels, and a power imbalance that makes it harder to speak up. This article breaks down how FEHA applies to independent contractors and interns, what claims may be available, and what steps to take if something happens.
FEHA’s biggest extension beyond employees: Harassment protections
Under FEHA, harassment protections explicitly cover:
- employees
- applicants
- unpaid interns and volunteers
- persons providing services pursuant to a contract (i.e., certain contractors)
FEHA’s harassment provision (Gov. Code § 12940(j)) includes language that prohibits harassment of these groups and holds employers responsible when they know (or should know) about harassment and fail to take immediate and appropriate corrective action.
The California Civil Rights Department (CRD) also states clearly that FEHA prohibits harassment based on a protected category against employees, applicants, unpaid interns/volunteers, and contractors and notes that harassment is prohibited even in workplaces with fewer than five employees.
Practical takeaway: Even if you’re not a W-2 employee, FEHA may still protect you from harassment at work.
Who counts as a “contractor” under FEHA’s harassment protections?
FEHA uses the phrase “person providing services pursuant to a contract” in its harassment section.
Courts and legal guidance often analyze whether someone is genuinely operating as an independent service provider (rather than an employee) and whether the person meets the statutory definition used in FEHA’s harassment framework. Jury instruction materials and summaries also reference this “services under contract” concept when explaining FEHA harassment claims.
In plain English: Many independent contractors (freelancers, consultants, project-based workers) can be covered for harassment under FEHA, even if they don’t qualify as “employees.”
Interns and volunteers: FEHA protections expanded
California specifically extended FEHA protections to unpaid interns and volunteers, including protections against harassment and (in many contexts) discrimination, through amendments reflected in FEHA and discussed in employment-law commentary.
CRD’s employment guidance and official workplace posters also reinforce that unpaid interns and volunteers are protected against harassment.
Practical takeaway: If you are an unpaid intern and experience sexual harassment, racial slurs, or religious harassment, FEHA can still apply, even if you’re “not technically an employee.”
What’s the difference between harassment vs. discrimination under FEHA?
This is where things get nuanced.
- Harassment
Harassment protections under FEHA are broader in who they cover (including contractors and unpaid interns/volunteers).
Harassment typically involves conduct that creates a hostile, intimidating, or abusive working environment, slurs, unwanted sexual comments, offensive jokes, unwanted touching, threats, humiliation, or targeting based on a protected characteristic.
- Discrimination
“Discrimination” claims under FEHA often focus on employment actions like termination, pay cuts, demotion, refusal to hire, denial of promotion, or scheduling decisions because of a protected characteristic (race, sex, disability, religion, etc.). FEHA’s general anti-discrimination rules are in Gov. Code § 12940(a).
- Important caution:
While interns may have discrimination coverage in many settings, independent contractors frequently face more limits on discrimination claims compared to harassment claims. Many contractor situations are addressed most clearly through FEHA’s harassment pathway (and potentially other legal theories depending on the facts).
- In practice:
If the harm is hostile conduct (comments, touching, intimidation), FEHA harassment is often the cleanest fit for contractors and interns.
Employer responsibilities still apply, even for contractors and interns
Employers can’t “contract out” of civil rights responsibilities.
CRD’s official workplace poster states:
- The law prohibits harassment of employees, applicants, unpaid interns, volunteers, and independent contractors by any person, and
- Employers must take reasonable steps to prevent harassment.
So, if you report harassment and the company ignores it, delays, minimizes, or continues assigning you to the same harasser, the company may face liability under FEHA harassment standards.
Common examples: what this looks like in real life
Here are scenarios where FEHA harassment protections may apply:
- Contractor harassed by a manager: A freelance designer is repeatedly subjected to sexual comments by the project lead during meetings.
- Intern harassed by coworkers: An unpaid intern is mocked for religious clothing or receives racist “jokes” from staff.
- Client/customer harassment: A contractor working on-site is harassed by a client, and the company does nothing after notice. (FEHA harassment rules can apply broadly to harassment “by any person” in many workplace contexts.)
What to do if you’re a contractor or intern facing harassment
Step 1: Document immediately
Save texts, emails, screenshots, call logs, and write a dated timeline of incidents (what happened, who was present, where, and how it affected you).
Step 2: Report in writing
Even if you don’t have HR access, report to the person managing your work, the company’s HR, or a compliance channel. Written notice is key because FEHA liability often turns on whether the organization knew or should have known and how it responded.
Step 3: Ask for corrective action
Examples: removing you from contact with the harasser, changing reporting lines, banning a harassing client, or enforcing policy.
Step 4: Consider a CRD complaint
CRD enforces FEHA and provides an employment complaint process.
Step 5: Speak with an employment attorney
Contractor/intern classification issues can be complex, and a lawyer can identify the strongest legal path (FEHA harassment, retaliation, failure to prevent harassment, and other claims depending on facts).
Contact Us
If you’re an independent contractor, intern, or volunteer experiencing harassment, or if the company you work with ignored your complaint, you may still have rights under FEHA. These cases are time-sensitive and evidence-driven, and early action can protect your legal options.
Smith & Reback Law helps California workers evaluate harassment and retaliation claims, including cases involving contractors and unpaid interns.
📧 Email: Intake1818@smithrebacklaw.com
📞 Phone: (213) 433-1818
📍 Address: 16255 Ventura Boulevard, Suite 600, Encino, California 91436
