An employee is someone with whom the employer has an employment relationship. The existence of an employment relationship is most easily shown by a person's appearance on the employer's payroll, but this alone does not necessarily answer the question. Determining whether an employer has enough employees to be covered by these laws is, ultimately, a legal question.
Independent contractors are not counted as employees. Usually, if there is a 1099 contract involved and the contractor submits an invoice for payment for services rendered to the business owner and the independent contractor has established a Federal Employer Identification Number (FEIN), is responsible for his or her own payroll taxes, and determines his or her own work schedule, then the person in most cases is classified as an independent contractor. However, in determining whether an individual is, under the law, an independent contractor can become a legal question that you may wish to consult with an attorney.
The EEOC counts all employees, including part-time and temporary workers, for purposes of determining whether an employer has a sufficient number of employees to be covered by the statues.
What laws does the EEOC enforce and do they apply to my business?
The following laws prohibit employment discrimination based on race, color, sex, religion, national origin, age, disability, and prohibit retaliation for opposing job discrimination, filing a charge, or participating in proceedings under these laws. They are as follows:
Title VII of the Civil Rights Act of 1964 (Title VII) prohibits race, color, religion, sex, and national origin discrimination.
Title VII applies to:
employers with fifteen (15) or more employees
Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are forty (40) years of age or older. The ADEA applies to:
employers with twenty (20) or more employees
Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The ADA applies to:
employers with fifteen (15) or more employees
Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment. The EPA applies to:
most employers with one or more employees
When in doubt solicit the advisory servers of an employment attorney.
Source: www.eeoc.gov/
Mz LV and EEOC Continued
How do I determine if a business of my size is covered by the EEO laws - To learn more about this author, visit Lu Vorise Dahlman's Website.
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