Can an independent contractor be considered an employee in the context of Title VII?

MultiRegion, United States of America

The following excerpt is from Folkerson v. Circus Circus Enterprises, Inc., 1995 WL 608432, 68 F.3d 480 (9th Cir. 1995):

Title VII protects employees but does not apply to independent contractors. See Lutcher v. Musicians Local 47, 633 F.2d 880, 883 (9th Cir. 1980). In a circular fashion, Title VII defines "employee" as "an individual employed by an employer." 42 U.S.C. Sec. 2000e(f). We have developed a hybrid approach to distinguish between employees and independent contractors, evaluating both the "economic realities" and the extent to which the employer "controls the means and manner of the worker's performance." Lutcher, 633 F.2d at 883.

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