Employee vs. Independent Contractor: Does My Employment Status Make a Difference in My Tampa Workplace Racial Harassment Case?
There is no question that racial harassment is unacceptable and abhorred in Tampa, and that is reflected by the strength and seriousness of the workplace anti-racial harassment laws in Florida. Indeed, in Tampa, under both state and federal laws, racial harassment that is severe or pervasive in nature is unlawful, and victims of racial harassment in the workplace have rights and options to obtain compensation under Florida and federal laws. However, not every worker in Tampa is covered under Florida and federal workplace harassment laws in Tampa. Here we discuss what types of employees are covered under Title VII federal laws in Florida, and whether a Florida worker’s status as an employee or independent contractor makes a difference.
Federal Anti-Harassment and Anti-Discrimination Laws Cover “Employees” Who Have Been Racially Harassed at Work in Tampa
At the outset, it is important for Tampa racial harassment victims to understand the basics of the federal law that protects workers and prohibits racial harassment in the workplace. These protections come from Title VII of the Civil Rights Act of 1964, which is a federal law. This law prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. However, critically, Title VII protections apply only to employees, and not independent contractors. As such, if you are an employee, you can bring a racial harassment claim under Title VII if you have been subjected to unwelcome conduct based on your race that is severe or pervasive enough to create a hostile work environment. If you are an independent contractor, you generally do not have this right under Title VII, and cannot bring a lawsuit for compensation.
While independent contractors are not completely out of luck when it comes to getting justice for being subject to racial harassment, the remedies are typically more limited, and typically fall under different areas of the law. For example, independent contractors who have been racially harassed may have claims for intentional infliction of emotional distress or perhaps even claims for intentional interference of contract. These claims are not brought under Title VII antidiscrimination laws, but they are brought under Florida laws in civil court. Again, it is worth noting that only “employees” may file a charge of discrimination with the Equal Employment Opportunity Commission under Title VII.
Reaching Out to a Lawyer About Your Tampa Racial Harassment Case
If you were racially harassed at work and you need legal help holding your employer accountable for failing to protect you, do not hesitate to reach out to an experienced Tampa racial harassment lawyer for legal help today. The experienced Tampa racial harassment lawyers at the law firm Florin Gray are here to help victims of serious racial harassment at work get justice for their injuries and losses. Contact the experienced racial harassment lawyers at the law firm Florin Gray today and speak to an experienced Tampa lawyer about your rights and options now.
