Your Rights As An Employee Are Not Violated If You Are Not An Employee

Your Rights As An Employee Are Not Violated If You Are Not An Employee

      In a recent decision, the federal district court was able to easily dismiss a case alleging that the rights afforded employees were violated. In this instance, the plaintiff was not an employee, but rather an independent contractor. Brown v. Outback Steakhouse, Civ. Case No. 5:14-CV-372-JMH, 2015 WL 5304617 (E.D. Ky Sept. 9, 2015).

     Brown ran a company, Alfred Cleaning Services, that provided, as it were, cleaning services to Outback Steakhouse restaurants in Fayette and Madison County. Brown complained about the manner in which certain Outback officers referred to him and his employees. When the cleaning services contract was terminated, Brown brought suit alleging violation of the Kentucky Civil Rights Act which, at KRS § 344.040, declares it unlawful to discharge or discriminate against employees who fall within certain protected categories. In this instance, however, Brown alleged that his company was an independent contractor of Outback. In that the Kentucky Civil Rights Act protects employees, not independent contractors, there was no viable claim. Further, Brown’s efforts to rely upon KRS § 344.280, which makes it unlawful to conspire to retaliate or discriminate against a person who has opposed a practice declared unlawful by the Kentucky Civil Rights Act, failed in that Brown had not identified a primary violation for which a conspiracy could attach. Rather:

He has alleged only conduct affecting an independent contractor and, as discussed, this is not proscribed by the KCRA.

      On that basis, summary judgment was granted to Outback.