In this report, issues related to the consideration of workers to be either independent contractors or employees, violation of employment discrimination laws, and ethical considerations related to rigid dress code policies will be examined based on the Dream Massage case.
Whether Janice qualifies as an employee or should be classified as an independent contractor.
The IRS offers guidelines to help decide whether an organization is either dealing with an employee or an independent contractor (IRS, 2018). The way an employer manages pays and hires workers reflects the differences between an employee and an independent contractor. An independent contractor mostly receives an hourly rate or a flat fee for work done on a schedule established by the contract that specifies the required work and the payment. While an employer is not required to withhold state and federal payroll taxes, he or she must file form 1099 from the IRS that documents the paid amount every calendar year and the contractor’s social security number or tax ID number (IRS, 2018). There are, however, specific technical differences between an employee and an independent contractor. Workers working for a limited period every week can either be employees or independent contractors. Independent contractors, nevertheless, set their individual schedule and perform their services with little supervision or control from the employer. They also have their individual equipment and offices.
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An independent contractor is hired for his or her specific expertise and he or she does not require training to perform the required services or tasks (IRS, 2018). If the contractor, however, works for one company and is working for many hours per week, then he or she may be regarded to be an employee. Besides, if the contractor is hired with the objective of maintaining an indefinite relationship with the employer rather than for a specific period or project; or if the contractor offers services that form a key part of the organization, the IRS gives the employer powers to control and direct the activities of the worker (IRS, 2018). Based on the IRS guidelines, however, this relationship is considered to be an employer-employee association.
Janice should, thus, be classified as an employee as she does not have an office, she works on a set schedule, and the employer controls her work by giving her clients and work equipment.
Whether Dream Massage has potentially violated any employment discrimination laws
An employer is legally allowed to establish a dress code for workers even though the code should not discriminate. Dress code becomes discriminatory if employees are treated differently based on specific traits such as religion, national origin, color, race, and sex as outline by the Title VII Act (EEOC, n.d.). An employer should include exceptions to accommodate the religious beliefs of workers or disability among workers. If a worker must dress is a specific way because of his or her religious beliefs, an organization must make an exception to its dress code policy (EEOC, n.d.). An employer should, thus, include a reasonable accommodation if compliance with the company’s dress code violates the religious belief of an employee. In turn, this can be done by allowing the worker to a religious garb. Dream Massage has, thus, violated employment discrimination laws by not allowing Janice to wear her hijab.
Ethical considerations associated with the maintenance of a rigid company dress policy.
Dress codes ensure that employees conform to the prevailing company cultures and present the right image of the organization to third parties, such as suppliers, clients, or agents. Some issues, however, emerge due to rigid dress code policies. Issues may include discrimination based on religion or race, body tattoos and piercings and other inappropriate office appearances (Robinson & Franklin, 2014). When establishing a dress code for the company, an employer should ensure that the policy is connected to the work nature, it is not discriminatory based on sex, it accommodates religious or cultural beliefs, it enhances workplace safety and health requirements, it is justifiable and realistic, and it should be consistent among all workers (Robinson & Franklin, 2014).
Conclusion
It is vital for organizations to adopt the correct classification of their workers to avoid potential litigation. Organizations should also ensure that their dress code policies do not discriminate employs by formulating policies that abide by Title VII Act provisions.
References
EEOC. (n.d.). Title VII of the Civil Rights Act of 1964. Retrieved October 6, 2018, from https://www.eeoc.gov/laws/statutes/titlevii.cfm
IRS. (2018, April 23). Independent Contractor Self Employed or Employee. Retrieved October 6, 2018, from https://www.irs.gov/businesses/small-businesses-self- employed/independent-contractor-self-employed-or-employee
Robinson, R. K., & Franklin, G. M. (2014). Employment Regulation in the Workplace Basic Compliance for Managers . Florence: Taylor and Francis.
