Employment classification and discrimination

Document Type:Coursework

Subject Area:English

Document 1

In Janice’s case, it is evident that Dream Massage treats Janice as an employee despite having hired her as an independent contractor. Consequently, the company’s interference her dress code might violate her rights and an independent contractor. Therefore, Dream Massage should conduct a comprehensive scrutiny of Janice’s terms of the contract to determine whether she is an employee or independent contractor. One of the issues that emerge from Janice’s case is the wrong classification of her work relationship with Dream Massage. Even though the company treats her as an independent contractor by not withholding tax and failing to provide her with benefits, she undertakes her work as an employee. Therefore, Dream Massage should limit its involvement in Janice’s work for her to be treated as an independent contractor under the American labor laws.

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Dream Massage might have violated employee discrimination laws through its decision to prevent wearing her hijab because it violated the company’s dress code policies. According to the United States labor laws, employers should treat all employees equally irrespective of their religion, race, or gender. As a result, companies should not formulate and implement policies, which contradict with their employees’ religious beliefs and values. In Janice’s case, wearing a hijab is one of the main practices of her religion. There are several ethical issues associated with Dream Massage’s strict dress code policy. Even though the regulation benefits the company by attracting clients, it violates the rights of employees. According to the moral-right theory, people have fundamental rights and liberties that should not be compromised by decisions made by other individuals (Von der Pfordten, 2012).

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