Third Circuit Holds Company Liable for Discrimination Against an Independent Contractor
In a precedent-setting case, the 3rd Circuit ruled that a company can be held liable for the discriminatory acts committed by its employees against independent contractors. The plaintiff, an African-American woman, alleged that, after she signed the independent contractor agreement with the Pennsylvania-based company, the company’s recruiting manager made racially discriminatory statements to her after she refused to shake his hand. He complained about her behavior and the company terminated her contract. She filed a claim with the EEOC under Title VII, the Civil Rights Act of 1866 and the Pennsylvania Human Rights Act (PHRA). The District Court ruled for the plaintiff because, among other things, she was not an employee of the company and therefore not entitled to protection under Title VII. The Third Circuit, however, held that the plaintiff could bring an action even if the plaintiff is an independent contractor, and remanded the case back to the District Court for further proceedings. See Brown v. J. Kaz, Inc., http://caselaw.lp.findlaw.com/data2/circs/3rd/082713p.pdf