For independent
contractors in the Philadelphia area, there is good news from a federal appeals
court. The Third Circuit Court of Appeals has held that independent contractors
are now protected by the Civil Rights Act of 1964 in the same way that other
employees are. Previously in Pennsylvania the question of whether independent
contractors were considered employees as defined in the legislation was left
unanswered. The judges in this case, Brown
v. J. Kaz Inc. decided protections should be extended to independent
contractors.
Those of you independent contractors might
be wondering how these new protections might impact you. So I’d like to briefly
explain to you what the Civil Rights Act does for you in your employment. First
it guarantees the preservations of your right against discrimination for race,
religion, gender or national origin. Second, it grants you the ability to sue
if those rights are violated by employers, and now people with whom you
contract.
Violations can occur in many ways and it
is important to understand your rights as they newly apply to you. The most
important part for you as an independent contractor is to know when your rights
have been violated. In the Brown case,
the plaintiff, an African-American female had been offered a position as an
independent contractor along with two white males. However, after meeting her,
the person who was to be her supervisor withdrew the contract offer and
insulted her using racial epithets. The court held that she had the right to
sue, as do other independent contractors. Sometimes, however it is not so
obvious. If you believe you have been the victim of discrimination it is
important you contact an attorney to discuss what remedies you may have
available.
Kyle Hause
