Employees and contractors don't have the same rights

Freelance or contract workers are often treated differently than employees under state and federal employment law. For instance, a Tennessee freelancer can't sue for gender discrimination or harassment. This could lead such an individual to stop pursuing their passion or otherwise slow their potential for growth in their chosen career. As the number of freelance or contract workers continues to rise, there are questions being raised about how to better protect them in the workplace.

One woman claims that she was groped while working as a member of a salsa band when she was 18. She also claims to have been harassed years later while working as a tutor. However, there was nowhere to turn as there was no employer to hold liable or employee representative to talk with.

While Pennsylvania, California and Washington state offer protections for contract workers, most major federal statutes don't apply. For instance, a contract worker can't file a claim under the Americans with Disabilities Act or Title VII of the Civil Rights Act. While employers claim that these rights aren't needed because contract workers control their own working conditions, questions have been raised as to whether this is truly the case.

Individuals who are considered to be employees of a company are generally entitled to a workplace that is free from sexual harassment. Those who are exposed to a hostile working environment may be entitled to compensation or other relief from their employers. Workers who are labeled as contractors might be able to challenge that designation in court. Generally, a person may be considered an employee if a company exercises control over how or when a job is done.

No Comments

Leave a comment
Comment Information
Free Consultation

Get Started With Your Free, No-Obligation Consultation

Let us be clear when we say "you pay us nothing unless we win." Your relationship with our law firm begins with a free consultation. You meet directly with one of our experienced lawyers. When you become our client, we never ask you to open your checkbook. We work on a contingency-fee basis, which means our fee only comes from the proceeds from a successful verdict or settlement.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

McCune Zenner Happell, PLLC The Parklane Building, 5200 Maryland Way Suite 120 Brentwood, TN 37027 Phone: 615-953-8337 Phone: 615-425-3476 Fax: 615-251-6958 Brentwood Law Office Map

  • The National Trial Lawyers Top 100 Trial Lawyers
  • Super Lawyers
  • The Best Lawyers in America
  • Best Lawyers Best Law Firms U S News
  • Nation's Premier NAFBA Top Ten Ranking 2014