Employee Background Checks

Employer Held Liable for Protection
of "Independent Contractors"

The plaintiff, an independent contractor for a vending machine company sued the company for sexual harassment under Title VII of the 1964 Civil Rights Act.  The Company argued that the plaintiff was not protected under Title VII as an employee because she worked under a signed agreement that specifically stated that she was an "independent sales representative."

The U.S. District Court for the Southern District of Texas examined the extent to which the Company controlled the work performed by its sales representatives and found that the employer exercised "considerable control" over the plaintiff's daily routine, sales techniques, and the manner in which her orders were processed.

The Court ruled that the plaintiff was an "employee" of the Company and allowed to proceed with her sexual harassment claim under Title VII.

*EEOC v. Fawn Vendors, Inc., U.S. District Court, Southern District of Texas

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