The staffing firm and/or its client will qualify as the worker's employer(s) if, under the factors described in Question 1, one or both businesses have the right to exercise control over the worker's employment.
TABLE OF CONTENTS[NOTE: Page numbers removed in electronic version]INTRODUCTION STAFFING SERVICE WORK ARRANGEMENTS COVERAGE ISSUES DISCRIMINATORY ASSIGNMENT PRACTICES DISCRIMINATION AT WORK SITE DISCRIMINATORY WAGE PRACTICES ALLOCATION OF REMEDIES CHARGE PROCESSING INSTRUCTIONS Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms INTRODUCTIONThis Guidance addresses the application of Title VII ofthe Civil Rights Act of 1964 (Title VII), the AgeDiscrimination in Employment Act (ADEA), the Americanswith Disabilities Act (ADA), and the Equal Pay Act (EPA)to individuals placed in job assignments by temporaryemployment agencies and other staffing firms, i.e.,"contingent workers." The term "contingent workers"generally refers to workers who are outside an employer's"core" work force, such as those whose jobs arestructured to last only a limited period of time, aresporadic, or differ in any way from the norm of full-time, long-term employment.
US Work Visas for Temporary Workers (Nonimmigrant …
May 21, 1987) (finding that plaintiff who was paidby temporary employment agency and assigned to work at Booz-Allen was anemployee of Booz- Allen); Amarnare, 611 F.
Temporary Workers: Pros and Cons | The Horton Group
Thus, a staffing firm is liable if it honors a client's discriminatory assignment request or if it knows that its client has rejected workers in a protected class for discriminatory reasons and for that reason refuses to assign individuals in that protected class to that client.
Hiring temporary workers is a growing trend among employers
Liability can be found on any of the following bases: 1) as an employer of the workers assigned to clients (for discriminatory job assignments); 2) as a third party interferer (for discriminatory interference in the workers' employment opportunities with the firm's client); and/or 3) as an employment agency for (discriminatory job referrals).31 The fact that a staffing firm's discriminatory assignment practice is based on its client's requirement is no defense.
Temporary foreign workers by the numbers : New …
Otherwise, the staffing firm will be liable along with the client if a worker later assigned to that client is subjected to similar misconduct.34 Example 11: A temporary receptionist placed by a temporary employment agency is subjected to severe and pervasive unwelcome sexual comments and advances by her supervisor at the assigned work site.
Tier 5 Temporary Workers, including the Youth Mobility Scheme.
If a worker is denied a job assignment by a staffing firm because its client refuses to accept the worker for discriminatory reasons, is the staffing firm liable?
The New Blue Collar: Temporary Work, Lasting Poverty …
In cases where questions are raised regarding coverage, the investigator should ask the respondent to name and provide records regarding every individual who performed work for it, including all individuals assigned by staffing firms and any temporary, seasonal, or other contingent workers hired directly by the respondent.