Whether a person is an “employee” is a frequent threshold issue in both state and federal employment discrimination and harassment cases. As the use of independent contractors becomes more prevalent in our economy, this question has become more common — and more difficult to answer.
While the law is clear that employment discrimination laws do not extend to independent contractors, partners and other nonemployees, the line between employee and independent contractor is often blurred. The Equal Employment Opportunity Commission (EEOC), which administers federal employment discrimination laws, uses a multi-factor test for drawing the distinction:
With so many factors to consider, it is easy to see that it is a highly subjective determination. However, it is important to note that just because the company you work for says you are an independent contractor does not necessarily mean a court or other administrative body would agree. A New Jersey employment law attorney can help you consider these factors and determine your actual legal status.