Can an Independent Contractor Bring a Discrimination Claim?
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The state and federal laws against discrimination in the workplace only apply to employees, not independent contractors. This means if you are properly classified as an independent contractor, you cannot bring a discrimination claim if you are terminated or otherwise mistreated.
The key phrase here is "properly classified as an independent contractor." Many people who are paid as independent contractors do not meet the three part test under the Massachusetts Independent Contractor Law. That means that under the law, you are in fact an employee, and should be able to enforce your rights against discrimination and harassment. As a practical matter, that means proving two cases: (i) that you were misclassified and should have been an employee; and (ii) that you were the victim of discrimination. An employment lawyer can help you assess those claims. Learn more here about the Massachusetts Independent Contractor Law. |
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