Question

Read the following scenario. Janice was hired by Dream Massage to be a massage therapist. She is engaged as an independent contractor and, therefore, receives no tax withholding or employment benefits. Dream Massage requires Janice to work a set schedule, provides her with clients and all her massage products, and exercises complete control over how Janice does her work. In addition, when Janice shows up to work the first day, she is informed by Dream Massage that she cannot wear her hijab as it violates the company's dress code policy. The owner of Dream Massage comes to you, a human resources (HR) consultant, to find out if Janice is properly classified as an independent contractor and if there is potential liability concerning the hijab. Create a 700- to 1,050-word HR report for Dream Massage in which you examine the employment issues presented in the scenario. Include the following: Analyze whether Janice qualifies as an employee or should be classified as an independent contractor. Discuss whether Dream Massage has potentially violated any employment discrimination laws. Analyze ethical considerations associated with the maintenance of a rigid company dress policy. Cite a minimum of three references.

Answer 1

As per the guidelines provided by IRS, an employee can be seen as a person who works for a specific time and location which is mainly dictated or governed by the employer. This individual will work only for a single organization, he or she can receive the training, utilize the equipment or tools or other resources required for the performance of the job and is paid hourly wages of salary.

While an independent contractor is a person who works anytime and at any location wherever they wish. They can be associated with a number of organizations, will be trained on their own and the way work is done is controlled by them only. The payment for their work or job is done on the basis of the project of a flat fee.

As from the case, it is clear that the individuals working for the Dream Massage are not considered as a free contractor as they have to perform the job as per the direction of the organization and thus they will be treated as an employee. Apart from this, the employee is also provided with the uniform and the products used for the massage and the work have to be done within a given schedule. Thus Janice is a regular employee.

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In the case presented, there are indications that employment discrimination law has been violated by Dream Massage when the employee is informed of not able to wear hijab as it contradicts the dress code of the company. Under the Title VII of the Federal law which takes care of employment discrimination prohibits, no employer can make any rule or regulations which can discriminate the employees on the basis of religion. As there are a number of religions which require the followers to use a certain type of dress code and thus these must be protected under the title of protection of religious belief.

Yet there is no federal law which can dictate the dress code of the manpower but still, I can say that it is in the interest of the organization of not implementing any rigid dress code on the employees as it will have a negative impact of the motivation and morale of the organization. Along with this, there can be some employees who can take legal action against the organization on the basis of sex discrimination claim

Reference:-

Equal Employment Opportunity Commission. (2008, July 22). Retrieved from Section 12: Religious Discrimination:

Independent Contractor or Employee? . (2017). Retrieved from IRS: irsbusinesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

Wage and Hour Division. (2017, July). Retrieved from United States Department of Labor: dol/whd/regs/compliance/