Employment classification is an important part that companies and individuals have to understand to help them avoid possible legal challenges in the event they are contravened. There are numerous laws and regulations designed in different parts of the world that address the critical issue related to employment and discrimination within the employment world. Some of such reforms have resulted from the affirmative action championed by human rights activists that try to enhance better working conditions for employees and business associates. However, this paper presents an analysis of an employment scenario in Dream Massage that touches on independent contractor and employee as well as discrimination aspects related to employment and ethics.
Analysis on Whether the Employee Qualifies As An Employee Or Independent Contractor
The employee qualifies as an employee and not as an independent contractor. It is because independent contractors operate as their own businesses, which is not the case in the presented scenario. Secondly, independent contractors would market their services and products independently as asserted by Redfearn III (2016) work that is not the case in the scenario as Dream massage is responsible for providing her clients. Third, independent contractors are engaged in a specific project or time period, which is not the case in the presented scenario. Moreover, independent contractors determine when and how they work that contravene the presented scenario. The above case, thus, qualifies more as an employee and not as an independent contractor. The incidence where the independent contractor is informed on her first day when she reports, working about company dress policy in itself is a contradiction of the law as an independent contractor determines when they work and how they work including the dress code they prefer to wear working. The employee that informed the independent contractor about the dress code policy, hence, is not informed and aware of the legal requirements that guide independent contractors. The company ought to brief them on the expectations and conduct in dealing with an independent contractor (Lawlor & Willey, 2017). By providing the contractor massage products and exercising complete control over how she performs her work contravene the legal and work expectation when dealing with an independent contractor. It contravenes her legally bound position that includes working independently and limits her freedom and choice that makes her an expert and professional in the job that she does. In the noted case, there are some aspects that the employer (Dream Massage) has done right in relation to independent contractors that include, but not limited to not giving employment benefits or not enhancing tax withholding. In the presented scenario, the terms and conditions stated by Dream Massage make the independent contractor qualifies more as an employee rather than the present case where she is hired as an independent contractor.
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Discussion Whether Dream Massage Has Potentially Violated Any Employment Discrimination Laws
Dream massage has violated employment discrimination laws that not only contravene the independent contractor’s terms and expectations but also employee’s laws. The company dress policy, for instance, does not apply to the independent contractor and, therefore, when the company staff tries to compel the independent contractor to adhere to the company policies is in itself an act that contravenes the law. Moreover, independent contractors work independently and determine when and how they work. In the above case, the independent contractors are not ‘independent’ and free as she ought to determine her work schedule and when she can perform the tasks with her clients that she are supposed to find them independently. However, the company has scheduled her tasks and controls almost every action that she does including the tasks of finding her clients, scheduling her work and timings as well as provisions of the products that she uses to perform her tasks. The mentioned aspects contravene the laws enhancing discrimination and unprofessionalism (Deross Jr., 2017). The aspects that the employer (Dream Massage) have permitted the independent contractor that conforms to the law include not receiving company and employment benefits or not withholding tax only. In the above case, thus, the company has violated discrimination laws by designing the agreement to suit only the company and not the independent contractor as required by law. It, hence, results in exploitation and abuse of the independent contractor. Moreover, employment discrimination laws prohibit discrimination alongside ethnic and religious lines. The company by not allowing the independent contractor to put on her hijab is a contravention of the law that prohibits discrimination in terms of religious backgrounds and aspects that include the dress codes.
Analysis of the Ethical Considerations behind a Company to Maintain a Rigid Dress Policy
Many companies have maintained a rigid dress policy that many times has contravened the ethical and legal employment laws in many parts of the world. Many have often argued that the main reason is to distinguish between religion and work setups. They argue that for them to enhance neutrality within the work setups, religious attires have to be reserved and kept in religious settings such as churches and mosques and not workplaces. It is because they argue when it is tolerated it also discriminates between and among workers in organizations (DeVelder, 2010). For example, other employees that do not put on the attires might feel the company is biased along religions line. It might also bring tension between and among employees of different religious beliefs. Companies, thus, try to enhance neutrality within the companies. Moreover, some companies also argue that by prioritizing such policies, they enhance the safety and security aspects of the companies. Manufacturing companies, for instance, prioritize the issue of safety and security and, therefore, it is the reason they have designed working attires such as overall, dust coats, headgear, gloves and other attires that enhances safety aspects. Hence, to such companies, the safety and security aspects can be enhanced through maintaining a rigid dress policy.
In conclusion, the described case presents an example that notes how employment and independent contractors’ laws are contravened as realized in many places. It also notes how discriminatory laws and aspects that contribute to the ethical issues relating to different discrimination such as related to dress code policies within companies. It is imperative for companies and employers to understand the legal requirements guiding employment contracts to avoid the possibility of legal interventions when they do not comply.
References
Deross Jr., J. (2017). Misclassification of Employees as Independent Contractors in Indiana: A State Legislative Solution. Indiana Law Review , 50(2), 673-695.
DeVelder, C. J. (2010). Office Culture Wars: Don't Be A Casualty of Generational Battles. Student Lawyer , 38(8), 5-6.
Lawlor, L. G., & Willey, S. L. (2017). Are Your Workers Employees or Independent Contractors? Three Exercises to Help Students Accurately Classify Workers. Journal of Legal Studies Education, 34(2), 167-205. doi:10.1111/jlse.12060
Redfearn III, R. L. (2016). Sharing Economy Misclassification: Employees and Independent Contractors in Transportation Network Companies. Berkeley Technology Law Journal , 311023-1056. doi:10.15779/Z38JR9M
