Protecting Independent Contractors from Discrimination Act of 2021
Bill: H.R.5143 | Sponsor: Del. Norton, Eleanor Holmes (D-DC)
Policy area: Labor and Employment

Summary:
Protecting Independent Contractors from Discrimination Act of 2021
This bill treats independent contractors as employees with respect to the protections provided under 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 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Independent Contractors 
from Discrimination Act of 2021''.

SEC. 2. AMENDMENTS.

    (a) Title VII of the Civil Rights Act of 1964.--The first sentence 
of section 701(f) of title VII of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(f)) is amended by inserting ``or an individual who 
provides work for an employer under the terms of an independent 
contract with such employer,'' after ``employer,''.
    (b) Age Discrimination in Employment Act of 1967.--The first 
sentence of section 11(f) of the Age Discrimination in Employment Act 
of 1967 (29 U.S.C. 630(f)) is amended by inserting ``, an individual 
who provides work for an employer under the terms of an independent 
contract with such employer,'' after ``employer''.
    (c) Fair Labor Standards Act of 1938.--Section 6(d) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended by adding at 
the end the following:
            ``(5) For purposes of this subsection, the term `employee' 
        includes an individual who provides work for an employer under 
        the terms of an independent contract with such employer.''.
    (d) Americans With Disabilities Act of 1990.--The first sentence of 
section 101(4) of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12111(4)) is amended by inserting before the period at the end 
the following: ``or an individual who provides work for an employer 
under the terms of an independent contract with such employer''.
    (e) Rehabilitation Act of 1973.--Section 505(a)(1) of the 
Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)) is amended by 
inserting ``or any individual who provides work for an employer under 
the terms of an independent contract with such employer'' after 
``applicant for employment''.
    (f) Genetic Information Nondiscrimination Act of 2008.--Section 
201(2)(A) of the Genetic Information Nondiscrimination Act of 2008 (42 
U.S.C. 2000ff(2)(A)) is amended--
            (1) by striking ``or'' at the end of clause (iv);
            (2) by striking the period at the end of clause (v) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                            ``(vi) an individual who provides work for 
                        an employer under the terms of an independent 
                        contract with such employer.''.
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