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H.R. 4972 - Protecting Independent Contractors from Discrimination Act of 2018

Introduced: 2018-02-07
Bill Status: Referred to the House Committee on Education and the Workforce.
 
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Full Text


115th CONGRESS
2d Session
H. R. 4972


    To amend the title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008 to require that individuals who perform work for employers as independent contractors be treated as employees.


IN THE HOUSE OF REPRESENTATIVES

February 7, 2018

    Ms. Norton introduced the following bill; which was referred to the Committee on Education and the Workforce


A BILL

    To amend the title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Fair Labor Standards Act of 1938, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, and the Genetic Information Nondiscrimination Act of 2008 to require that individuals who perform work for employers as independent contractors be treated as employees.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Protecting Independent Contractors from Discrimination Act of 2018”.

SEC. 2. Amendments.

(a) Title VII of the Civil Rights Act of 1964.—The first sentence of section 701(f) of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)) is amended by inserting “or an individual who provides work for an employer under the terms of an independent contract with such employer,” after “employer,”.

(b) Age Discrimination in Employment Act of 1967.—The first sentence of section 11(f) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630(f)) is amended by inserting “, an individual who provides work for an employer under the terms of an independent contract with such employer,” after “employer”.

(c) Fair Labor Standards Act of 1938.—Section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended by adding at the end the following:

“(5) For purposes of this subsection, the term ‘employee’ includes an individual who provides work for an employer under the terms of an independent contract with such employer.”.

(d) Americans with Disabilities Act of 1990.—The first sentence of section 101(4) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111(4)) is amended by inserting before the period at the end the following: “or an individual who provides work for an employer under the terms of an independent contract with such employer”.

(e) Rehabilitation Act of 1973.—Section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) is amended by inserting “or any individual who provides work for an employer under the terms of an independent contract with such employer” after “applicant for employment”.

(f) Genetic Information Nondiscrimination Act of 2008.—Section 201(2)(A) of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(2)(A)) is amended—

(1) by striking “or” at the end of clause (iv);

(2) by striking the period at the end of clause (v) and inserting “; or”; and

(3) by adding at the end the following:

“(vi) an individual who provides work for an employer under the terms of an independent contract with such employer.”.


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