Workplace harassment and discrimination can affect any worker, regardless of role or status. While state and federal laws protect employees in West Virginia, independent contractors can find themselves in a more ambiguous position when it comes to legal protections.
The laws surrounding workplace harassment and discrimination, including the West Virginia Human Rights Act (WVHRA) and federal Title VII, are designed to protect employees. These laws cover discrimination in relation to protected characteristics. Unfortunately, they generally do not extend to independent contractors. However, this doesn’t mean independent contractors have no opportunities for recourse in the wake of suffering mistreatment.
Legal recourse for independent contractors
Independent contractors sign agreements outlining the scope of work and relationship with the company. These contracts make it clear that the contractor is not considered an employee, which can limit their access to traditional protections under employment law.
However, independent contractors may still pursue legal action for workplace harassment or discrimination in certain scenarios. For example, if the harassment or discrimination violates a contract’s terms, they can file a breach of contract claim.
Also, if an independent contractor believes they were misclassified and should have been treated as an employee, they may be able to contest the classification and seek protections under state or federal employment laws.
Independent contractors might also rely on tort claims such as defamation, intentional infliction of emotional distress or other civil claims, depending on the nature of the harassment or discrimination.
In cases where independent contractors work in industries covered by specific regulations, such as healthcare or government contracting, they may have additional protections provided by industry-specific laws. While these cases can be complex, independent contractors should consult with legal practitioners to explore possible avenues for justice.
Although independent contractors are not covered under employment protection laws like traditional employees, they still have legal options, depending on the nature of a rights violation and the terms of their contracts. Understanding their rights and seeking legal guidance can help contractors navigate this often-murky legal terrain, helping to ensure that they receive the protection and recourse they deserve.
