Independent contractors are separate business entities or individuals providing services to other businesses or individuals. The roles of independent contractors differ from those of employee in that they operate as their own business, and are engaged for a specific project or time outlined in a contract or scope of work, but employees’ job may encompass a wide variety of tasks and duties. Independent contractors are also responsible for their taxes by paying self-employment tax (Drobka, 2018). Temporary employees are acquired in an organization to assist employees in meeting their daily demands and preventing employers from incurring the costs of hiring regular employees. The roles of temporary employees differ to those of employees in that they are for a specified length of time until specific projects are completed while employees remain employed until they are fired, laid off, or choose to quit. Temporary employees are usually hired through a temporary staffing agency, but employees are hired through the firm's recruitment process. Volunteers are individuals performing hours of service for public agencies for humanitarian, civic, or charitable reasons without a receipt, promise, or expectations of compensation for services rendered. The difference between volunteers and employees in their role is that they do not have a contract of employment. Volunteers are not paid for their work (Drobka, 2018). Employment Discrimination Law Age Discrimination A sample age discrimination case in the workplace was experienced in a Los Angeles court, regarding a 66-year-old Bobby Nickel. Nickel had a good record of hard work and professionalism before he was wrongfully terminated (Service, 2014). Nickel was Corporate Express’ facilities manager, and the firm was later acquired by Staples Contract Inc. The former had a higher pay scale than Staples, and the managers at Staple plotted to discharge older higher paid employees. Nickel was accused of being a joker at staff meetings and was forced to resign. He did not resign and was continuously accused and harassed by the manager and co-workers. Nickel was later fired in 2011. The company was accused of firing Nickel based on his age, and also violating the company's zero-tolerance policy. The manager could have avoided the case by respecting employees and not discriminate based on age. Sex Discrimination A sample sex discrimination case involves Kristi Nunez, a female who was not hired at Oakland, Calif because of her gender despite being qualified. Nunez applied for a job in the firm responding to an advertisement for a position of a crime scene cleaner in 2006 (Ruiz & Singh, 2015). She was asked questions that demonstrated that she was not viewed as an appropriate candidate for the job because she was female, and the company hired a male instead. The EEOC's lawsuit charged the firm for sex discrimination, and failure to keep records as required by the law to check equal opportunity hiring records. The employer could have prevented the sex discrimination case by asking Nunez questions about her qualifications, and not gender. The firm could also have kept records appropriately.
References
Drobka, M. (2018). Retrieved from https://www.dwt.com/advisories/Classifying_Workers_as_NonEmployees_Intern_Volunteer_or_Contractor_Is_Risky_10_21_2009/ Ruiz, H., & Singh. (2015). Examples of Gender Discrimination in California: EEOC Cases | Hennig Ruiz Law Firm. Retrieved from https://www.employmentattorneyla.com/blog/2015/10/examples-of-gender-discrimination-in-california-eeoc-cases.shtml Service, C. (2014). 66-year-old man awarded $26 million in age discrimination lawsuit against Staples – Daily News. Retrieved from https://www.dailynews.com/2014/02/27/66-year-old-man-awarded-26-million-in-age-discrimination-lawsuit-against-staples/
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