Musical performer employed with restuarant
I'm an independent contractor working as one of four musical performers for a well-known theme restaurant. Our pay has not been equal. For the last year, we two African-American performers have consisently received less pay than the other two Caucasian performers. Do we have any rights or recourse in this matter?
1 answer | asked Dec 5, 2004 10:00 AM [EST] | applies to Pennsylvania
Answers (1)
You may have rights under federal and state anti-discrimination laws.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, if your employer pays African-American employees less than caucasian employees for the same or similar work, they are likely engaging in illegal employment discrimination. Your status as an independent contractor is irrelevant under Pennsylvania's Human Relations Act (PHRA); you still have the same right to be free from discrimination that a regular full-time employee has. You may also have similar claims under Federal laws, but your damages would be identical.
Your recourse is to file a complaint with the Pennsylvania Human Relations Commission (PHRC); you must do so within 180 days of a discriminatory act to maintain your rights. A pattern or practice of discriminatory behavior (such as regular pay disparities) will generally be considered a single act for the purpose of the 180-day filing limit. You do not need an attorney to file a complaint with the PHRC, but it is generally advisable.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 6, 2004 08:34 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, if your employer pays African-American employees less than caucasian employees for the same or similar work, they are likely engaging in illegal employment discrimination. Your status as an independent contractor is irrelevant under Pennsylvania's Human Relations Act (PHRA); you still have the same right to be free from discrimination that a regular full-time employee has. You may also have similar claims under Federal laws, but your damages would be identical.
Your recourse is to file a complaint with the Pennsylvania Human Relations Commission (PHRC); you must do so within 180 days of a discriminatory act to maintain your rights. A pattern or practice of discriminatory behavior (such as regular pay disparities) will generally be considered a single act for the purpose of the 180-day filing limit. You do not need an attorney to file a complaint with the PHRC, but it is generally advisable.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Dec 6, 2004 08:34 AM [EST]
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