Jon Weinberg is a student at Harvard Law School.
Last month, the Equal Employment Opportunity Commission adopted a Strategic Enforcement Plan for 2017-2021 to “set forth its continued commitment to focus efforts on those activities likely to have strategic impact in advancing equal opportunity and freedom from discrimination in the workplace” – and indicated that the gig economy will be a priority for the agency going forward.
Notably, the EEOC recognized that employment discrimination ensuring from the rise of the gig economy is a major issue. Categorizing the gig economy as an “Emerging and Developing Issues priority,” the Plan states the EEOC will “address issues related to complex employment relationships and structures in the 21st century workplace, focusing specifically on temporary workers, staffing agencies, independent contractor relationships, and the on-demand economy.” The EEOC specifically stated that it will prioritize “clarifying the employment relationship and the application of workplace civil rights protections in light of the increasing complexity of employment relationships and structures, including temporary workers, staffing agencies, independent contractor relationships, and the on-demand economy.”
Professor Sachs and Professor Noah Zatz have both addressed how the gig economy can give rise to discrimination against workers on the basis of race, sex, religion or national origin, and recently an Uber driver filed a complaint with the EEOC alleging Uber ratings are racially discriminatory. While Title VII only applies to discrimination against employees, and not independent contractors, the EEOC’s demonstrated commitment to addressing the gig economy indicates it may become an ally of workers seeking rightful classification as employees.
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November 2
DOL's domestic worker wage rules partially invalidated; Trump Administration restrained from threatening to prosecute election officials; USCIS forced to reinstate minimum notice period for unaccompanied children's asylum interviews.
November 1
Dockworkers strike to protest arms shipments; Weil closes its doors.
October 30
Sectoral bargaining could blunt A.I. job loss; Gen-Z job searchers stare into the void.
October 29
Dolores Huerta, labor leader, feminist, and civil rights icon, dies at 96.
October 28
The Writers Guild of America East provides writers with access to software that protects their work from AI scraping, and city workers in Oregon reach a tentative agreement after a six-day strike.
October 27
Some California union locals defy their statewide leadership to back the state’s billionaire tax proposal; a Brown University technology center releases a map of the hidden global workforce behind AI; the National Women's Soccer League and its players union settle six grievances.