Are temporary employees able to file discrimination claims?
• A: Although state laws may vary on this, at least some of the federal courts have dealt with this issue, holding that your rights under Title VII discrimination laws aren’t eliminated simply because your employment is through a temporary employment agency. Temporary help has expanded in recent years. With that expansion, the courts have had to deal with the unique problems these employment relationships can present. Whether you’re an employee of the company for purposes of Title VII is a question of federal law. The courts are required to analyze this type of case under the common law principles of agency. The most important factor the courts will look at is the extent of the employer’s right to control the means and manner of the worker’s performance. Under what’s called the “loaned servant doctrine,” an employee directed or allowed to perform services for another “special” employer may become that employer’s employee while performing those services. In some situations, the employee
- Can non-County employees file a complaint of discrimination with the Office of Human Rights and Fair Employment Practices?
- Can non-County employees file a complaint of discrimination with the Office of Fair Employment Practices?
- Can I file a complaint of discrimination if the employer has fewer than 15 employees?