Is a professional musician performing concerts for a school district an employee or an independent contractor?

The district court, relying on Title VII's intention to provide the same civil rights to federal employees as to private sector employees, applied the hybrid common law test of an employment relationship used in Title VII cases. See, e.g., Lutcher v. Musicians Union Local 47, 633 F.2d 880, 883-84 (9th Cir.1980) (applying multi-factor common law hybrid test for Title VII purposes to determine whether a professional musician performing concerts for a school district under contract was an employee of the school district or an independent contractor).