I 

118TH CONGRESS 

1ST SESSION H. R. 5348 

To amend title VII of the Civil Rights Act of 1964, the Age Discrimination 

in Employment Act of 1967, the Fair Labor Standards Act of 1938, 

the Americans with Disabilities Act of 1990, the Rehabilitation Act 

of 1973, and the Genetic Information Nondiscrimination Act of 2008 

to require that individuals who perform work for employers as independent contractors be treated as employees. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 5, 2023 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To amend title VII of the Civil Rights Act of 1964, the 

Age Discrimination in Employment Act of 1967, the 

Fair Labor Standards Act of 1938, the Americans with 

Disabilities Act of 1990, the Rehabilitation Act of 1973, 

and the Genetic Information Nondiscrimination Act of 

2008 to require that individuals who perform work for 

employers as independent contractors be treated as employees. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protecting Inde3 pendent Contractors from Discrimination Act of 2023’’. 

4 SEC. 2. AMENDMENTS. 

5 (a) TITLE VII OF THE CIVIL RIGHTS ACT OF

6 1964.—The first sentence of section 701(f) of title VII 

7 of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)) is 

8 amended by inserting ‘‘or an individual who provides work 

9 for an employer under the terms of an independent con10 tract with such employer,’’ after ‘‘employer,’’. 

11 (b) AGE DISCRIMINATION IN EMPLOYMENT ACT OF

12 1967.—The first sentence of section 11(f) of the Age Dis13 crimination in Employment Act of 1967 (29 U.S.C. 

14 630(f)) is amended by inserting ‘‘, or an individual who 

15 provides work for an employer under the terms of an inde16 pendent contract with such employer,’’ after ‘‘employer’’. 

17 (c) FAIR LABOR STANDARDS ACT OF 1938.—Section 

18 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

19 206(d)) is amended by adding at the end the following: 

20 ‘‘(5) For purposes of this subsection, the term ‘em21 ployee’ includes an individual who provides work for an 

22 employer under the terms of an independent contract with 

23 such employer.’’. 

24 (d) AMERICANS WITH DISABILITIES ACT OF 1990.— 

25 The first sentence of section 101(4) of the Americans with 

26 Disabilities Act of 1990 (42 U.S.C. 12111(4)) is amended 


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1 by inserting before the period at the end the following: 

2 ‘‘or an individual who provides work for an employer 

3 under the terms of an independent contract with such em4 ployer’’. 

5 (e) REHABILITATION ACT OF 1973.—Section 

6 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 

7 794a(a)(1)) is amended by inserting ‘‘or any individual 

8 who provides work for an employer under the terms of 

9 an independent contract with such employer’’ after ‘‘appli10 cant for employment’’. 

11 (f) GENETIC INFORMATION NONDISCRIMINATION

12 ACT OF 2008.—Section 201(2)(A) of the Genetic Informa13 tion Nondiscrimination Act of 2008 (42 U.S.C. 

14 2000ff(2)(A)) is amended— 

15 (1) by striking ‘‘or’’ at the end of clause (iv); 

16 (2) by striking the period at the end of clause 

17 (v) and inserting ‘‘; or’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(vi) an individual who provides work 

20 for an employer under the terms of an 

21 independent contract with such employer.’’. 

Æ 


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