Alberty Valez v. Corp de Puerto Rico Assignment Example | Topics and Well Written Essays - 250 words

Alberty Valez v. Corp de Puerto Rico - Assignment Example The big question out of the case is: do the television stations qualify as employee or independent contractor? Discrimination of employees on the basis of gender and pregnancy are covered under Title VII. However, it does not cover independent contractors, which means that independent contractors cannot successfully sue under Title VII. The case brings into light what it means to be an employee as defined under Title VII. The court applied common law agency test in order to ascertain whether Alberty was an employee of the firm or if she worked as an independent contractor. Under common law, most factors linked the plaintiff to an independent contractor even though she maintained that the defendants control her work place, determined working hours and directed the films, thus thought of herself as an employee. The court held that she was an independent contractor because she provided the resources required for the performance of the contract. Her tax treatment, method of remuneration, and lack of employment benefits, indicated that the plaintiff was an independent contractor rather than an em ployee. This case clarifies the distinction between an employee of an organization and an independent contractor, thus remains crucial in the labor