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An independent contractor is a person who supplies goods and services to an employer under specific terms usually within a contract of verbal agreement. Independent contractors do not work on regular basis like the employees instead they work only when required as stated in the agreement. Employees are given salary every month while on the other hand; independent contractors receive their payment temporarily which means that there is no special time or routine followed when paying them. Independent contractors usually have a great say on the schedule in which they work and how long they are going to work. They can choose to accept and perform a particular job or decline it.
The employer usually has power to direct or control result of work conducted by independent contractors however, the employer cannot dictate how the work will be done and what will be done. However, employees are always directed by the employer on which kind of work to do and when to do it. The employers also directly supervise how the employees perform the task assigned to them (Lander 2004). Independent contractors are considered as self-employed because their earnings are usually subjected to Self-Employment Tax. However, employees are normally directly paid by the employers.
One of the most difficult and contentious areas in American workplace is religion. This is because of existence of a society with diverse religious beliefs which normally cause a rise in conflicts between the employee and the employer. Title VII is a Civil Rights Act that was set to prevent employers from looking down on their employees due to their religion when it comes to firing or hiring of employees. According to the stated acts on Title VII, an employer is required to reasonably accommodate employee’s religious practices unless it will hinder employee from delivering quality performance.
This is a standard condition always referred to as Reasonable Accommodation. The employer should not refrain or prevent any employee from carrying out their religious activities due to work. The employer should always protect or prevent any kind of religious harassment of employees as this can make them feel uncomfortable.
Affirmative action can be defined as policies designed or set to include all individuals from the same or different race, religion, color, gender or nation. This means that affirmative action address or discourages discrimination and attempts to endorse equality among people. It ensures that those people who are considered as unable are also contained within educational and government organizations where they can gain from different programs offered in the institutions.
There is no great difference between affirmative action and Title VII employment protection since they both discourage or address discrimination. However, in special circumstances, Title VII legally permits use of religion, gender, race or even nationality bases when it comes to employer selection. This is the main difference that exists between affirmative action and Title VII. Affirmative action does not permit any form of discrimination where by a person is denied a chance to receive finance assistance or any form of benefit because he/she is coming from different race, religion or nationality (Cheeseman 2010).
When an employer needs employee, the contract set should not be one that discriminate against other individuals because of their race, religion, color or nationality. The employer should ensure that he does not discriminate against any applicant but choose fairly depending on the potential possessed. When it comes to upgrading, transfer or even demotion, the employer should not do that out of self interest or because he does not like an employee because he is from a particular religion. Affirmative action also requires employers to reasonably accommodate their employees who come from different race, religion or nationality. They should be respected and protected from any form of danger or discrimination.
References
Cheeseman, H. (2010). The legal environment of business and online commerce: Business ethics, e-commerce, regulatory, and international issues. Upper Saddle River, NJ: Pearson Prentice Hall.
Lander, G. (2004). What is Sarbanes-Oxley? New York, NY: The McGraw-Hill Companies.
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