are independent contractors covered by discrimination statutes
Deciding Who Is Covered. People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws. Figuring out whether or not a person is an employee of an organization (as opposed to a contractor, for example) is complicated.f your complaint involves discrimination because of your age or disability, you must meet other requirements in order to be covered. The Immigration Reform and Control Act of 1986 (IRCA) prohibits discrimination on the basis of national origin by smaller employers (with 4 to 14 employees). Deciding Who Is Covered. People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws. Figuring out whether or not a person is an employee of an organization (as opposed to a contractor, for example) is complicated.eciding Who Is Covered. People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws. Figuring out whether or not a person is an employee of an organization (as opposed to a contractor, for example) is complicated. Yes, it does make a difference if you are an employee rather than an independent contractor. California s wage and hour laws (e.g., minimum wage, overtime, meal periods and rest breaks, etc.), and anti-discrimination and retaliation laws protect employees, but not independent contractors.n the alternative, you can file an action in court against your employer. If, on the other hand it is determined that you are in fact an independent contractor, DLSE cannot assist you as it does not have jurisdiction over independent contractors, and you would have to go to court to enforce your rights. Independent contractors, by definition, are self-employed and because they are not employees, independent contractors are not covered by employment, labor, and related tax laws. Employers may be tempted to reclassify employees as independent contractors in order to avoid taxes, benefits, and other liability.ndependent contractors, by definition, are self-employed and because they are not employees, independent contractors are not covered by employment, labor, and related tax laws. Employers may be tempted to reclassify employees as independent contractors in order to avoid taxes, benefits, and other liability. Under Ohio law, it is unlawful for an employer to discriminate against an employee on the basis of that person’s race, color, religion, sex, military status, national origin, disability, age, or ancestry. Ohio’s employment discrimination statutes generally only protect – not surprisingly –employees.Therefore, in a litigation setting, it becomes necessary to determine whether the party hired to perform the work by the hiring party is an employer or an independent contractor.hio’s employment discrimination statutes generally only protect – not surprisingly –employees. Therefore, in a litigation setting, it becomes necessary to determine whether the party hired to perform the work by the hiring party is an employer or an independent contractor. For instance, the main federal antidiscrimination statute, Title VII, expressly excludes independent contractors from its protections. In contrast, even potential employees are protected by Title VII and other laws; they can bring hiring discrimination claims.Thus, merely strolling into a job interview earns you rights that years of working as an independent contractor cannot create.iscrimination law hasn't yet caught up with our part-timing, telecommuting, freelancing society. Under federal law-and to a large extent, under state law as well-independent contractors still enjoy little protection against discrimination. Moreover, coverage of workers in flexible staffing arrangements is simply unclear in many areas of the law. Concern that some employers use independent contractors or staffing firms to circumvent labor standards has prompted Congress, the IRS, and a few states to clarify laws and curb such abuse.oreover, coverage of workers in flexible staffing arrangements is simply unclear in many areas of the law. Concern that some employers use independent contractors or staffing firms to circumvent labor standards has prompted Congress, the IRS, and a few states to clarify laws and curb such abuse. THRESHOLDS FOR COVERAGE UNDER EMPLOYMENT-RELATED LAWS. Not all employers are covered by all of the various Texas and federal employment laws that exist. It is important to know which laws apply to which company or organization, because coverage involves the imposition of important duties for employers to satisfy.HRESHOLDS FOR COVERAGE UNDER EMPLOYMENT-RELATED LAWS. Not all employers are covered by all of the various Texas and federal employment laws that exist. It is important to know which laws apply to which company or organization, because coverage involves the imposition of important duties for employers to satisfy. Discrimination law hasn't yet caught up with our part-timing, telecommuting, freelancing society. Under federal law-and to a large extent, under state law as well-independent contractors still enjoy little protection against discrimination.For instance, the main federal antidiscrimination statute, Title VII, expressly excludes independent contractors from its protections. In contrast, even.employees are protected by Title VII and other laws; they can bring hiring discrimination claims.iscrimination law hasn't yet caught up with our part-timing, telecommuting, freelancing society. Under federal law-and to a large extent, under state law as well-independent contractors still enjoy little protection against discrimination. Since different laws may be involved in a particular situation such as a termination of employment, it is possible that the same individual may be considered an employee for purposes of one law and an independent contractor under another law.n the alternative, you can file an action in court against your employer. If, on the other hand it is determined that you are in fact an independent contractor, DLSE cannot assist you as it does not have jurisdiction over independent contractors, and you would have to go to court to enforce your rights.
No