Employment Relationship And Discrimination

Employment Relationship And Discrimination

Contrast the primary differences between independent contractors, temporary employees and volunteers. Then, examine two (2) ways in which each role differs from that of an employee. Justify your response. From the e-Activity, select two (2) employment discrimination laws, and then provide two (2) disparate treatment case using the same discrimination law. Review only the facts of the case, the legal issues relating to the disparate treatment, and the court’s decision. Next, outline the steps the employer could have taken initially to prevent the discrimination in question. Justify your response.

Paper For Above instruction

The landscape of employment is diverse, encompassing various roles such as independent contractors, temporary employees, and volunteers. Each of these roles differs significantly in terms of legal status, rights, obligations, and their relationship with the organization. Understanding these differences is fundamental for employers to comply with employment laws and to foster equitable workplaces. Furthermore, examining employment discrimination laws through real-world cases highlights strategies for prevention and legal compliance.

Differences Among Independent Contractors, Temporary Employees, and Volunteers

Independent contractors are individuals or entities contracted to perform specific tasks for an organization but are not on the payroll as employees. They retain control over how and when the work is completed and are responsible for their own taxes and benefits (U.S. Department of Labor, 2020). Temporaries are hired primarily through staffing agencies for fixed periods, usually to fill short-term needs, and are considered employees of the staffing agency rather than the organization they serve (Bureau of Labor Statistics, 2021). Volunteers freely offer their services without expectation of compensation and are typically not entitled to employment protections; their engagement is altruistic rather than contractual (Fine, 2018).

Distinguishing Features from Regular Employees

Two key differences between each role and a full-time employee are control and legal protections. For independent contractors, control over work processes is a major differentiator. Contractors dictate their methods, scheduling, and work environment, unlike employees who are subject to employer directives. For example, a freelance graphic designer works independently, whereas an in-house designer follows employer guidelines and schedules (IRS, 2020).

For temporary employees, control is shared; they follow employer instructions during their assignment but are considered employees of the staffing agency. They have fewer entitlements than permanent staff, such as long-term benefits or job security. An example includes seasonal retail workers employed through a staffing firm during holiday surges (Bureau of Labor Statistics, 2021).

Volunteers differ from employees primarily through consent and compensation. Volunteers offer services without pay, emphasizing altruism. They are also generally not covered by employment discrimination laws (Fine, 2018). For example, volunteers at a food bank assist without monetary compensation, unlike paid staff who receive benefits and legal protections.

Employment Discrimination Laws and Disparate Treatment Cases

Two prominent employment discrimination laws are Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) of 1990. Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin, while the ADA prohibits discrimination against qualified individuals with disabilities.

Case 1: Title VII Disparate Treatment

In Ricci v. DeStefano (2009), a group of firefighters sued New Haven after the city discarded test results that favored minority applicants, claiming discrimination. The Supreme Court ruled against the city, emphasizing that disparate treatment occurs when an employer intentionally discriminates based on protected characteristics. The Court found the city's actions unjustified and discriminatory because they disregarded the meritocratic test results.

Case 2: ADA Disparate Treatment

In EEOC v. Ford Motor Co. (2015), an employee with multiple sclerosis alleged that the company failed to provide reasonable accommodations, resulting in his termination. The court examined whether the employer's actions constituted discrimination under the ADA. The court held that Ford had failed to engage in an interactive process and had unlawfully discriminated by not providing necessary accommodations.

Preventative Steps for Employers

Employers can proactively prevent discrimination by implementing comprehensive policies that promote diversity and inclusion. Regular training sessions on anti-discrimination and workplace sensitivity are crucial. These training programs should emphasize understanding and respecting differences, as well as legal obligations under the relevant statutes.

Additionally, establishing clear procedures for reporting discrimination complaints can aid early resolution. Employers should also conduct periodic audits of employment practices and decisions to identify and correct biases. For example, standardized interview and selection processes based on objective criteria can reduce discriminatory practices. Promoting a culture of openness and accountability ensures that discriminatory behaviors are addressed promptly, fostering an equitable environment.

Conclusion

Differentiating roles such as independent contractors, temporary employees, and volunteers is essential for legal compliance and effective HR management. Recognizing the unique protections and limitations of each role informs better organizational practices. Equally important is understanding employment discrimination laws and case precedents, which provide guidance on fostering fair workplaces. Employers must take proactive steps through policies, training, and organizational culture initiatives to prevent discrimination, ensuring compliance and promoting diversity.

References

Bureau of Labor Statistics. (2021). Contingent and part-time workers. https://www.bls.gov/news.release/conemp.htm

Fine, E. (2018). Volunteer management: How to recruit, train, motivate, and retain volunteers. ATD Press.

Internal Revenue Service (IRS). (2020). Independent contractor vs. employee. https://www.irs.gov/businesses/small-businesses-self-employed/employee-vs-contractor

U.S. Department of Labor. (2020). Independent contractors under the Fair Labor Standards Act (FLSA). https://www.dol.gov/agencies/whd/fact-sheets/independent-contractors

Ricci v. DeStefano, 557 U.S. 557 (2009). https://supreme.justia.com/cases/federal/us/557/557/

EEOC v. Ford Motor Co., 856 F.3d 764 (2015). https://casetext.com/case/eeoc-v-ford-motor-co