Lopez Inc is an educational consulting company It has a staf

Lopez, Inc is an educational consulting company. It has a staff of 27 employees and 5 independent contractors. All of the employees and independent contractors are of Hispanic descent. Lopez needs to hire one sales person and one computer programmer for a project. It intends to hire an employee to fill the position of full-time sales person. It intends to hire an independent contractor for the programming project. Lee, an Asian male applies for the programmer project. Larry, a white male, applies for the sales person position. Neither Lee nor Larry is hired. Both learn that Lopez, not only has a history of only hiring Hispanics, but that it, indeed, hired Hispanics for the sales person and independent contractor positions. Do either Lee or Larry have a claim for discrimination under federal law?

List the four criteria that must satisfied by an employer to classify a worker as an independent contractor.

Solution

In this case we will need to investigate why they were not selected, at fiest appears to be because they are not hispanic but we need to verify the qualification of them against the ones that were hired, perhaps the people hired had more experience or knowledge than Lee and Larry.

If Lee and Larry can prove they were capable to get the job positions and had more knowledge than the ones that were hire they can claim discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin.

List the four criteria that must satisfied by an employer to classify a worker as an independent contractor.

The criteria below is based on the IRS classificacion of employees and independent contractors