Can temps file discrimination lawsuits?
A temporary employee, often referred to as a “temp,” is hired to perform a job but is not necessarily considered an official member of the company for which the job is being performed. Temp workers usually report to the recruiter from the temporary agency who placed them. Therefore, the temp is considered an “employee” of the temp agency, the company that hired the worker, or both. Because of this, the temp worker can be victim of discrimination from both the agency and the company.
Temp workers are not usually given the same benefits as regular employees, such as paid time off or paid sick leave. However, just like any other employee, temporary workers have legal rights and are protected by federal and state labor and employment laws. They have the right to be free from harassment or discrimination in the workplace. Should such behavior occur, they can report the discriminatory behavior to the appropriate management chain of both the temp agency and the company that hired them for work. If the behavior is not rectified, temp workers can report the problem to the Department of Labor or talk to a workplace discrimination lawyer to seek counsel.
Other Employment Law FAQs:
- According to the rules for overtime pay in California, how long do I have to file an overtime pay claim?
- Am I entitled to overtime pay?
- Are there any restrictions on what an employer can ask me during a job interview?
- Can employers assign work based on employees’ ages?
- Can I get fired for reporting sexual harassment to my employer?
- Can my employer ask about my age?
- Can my employer legitimately deduct anything from my paycheck?
- Can temps file discrimination lawsuits?
- Does an employer have to give me rest breaks?
- How and when do you file an unlawful retaliation lawsuit?
- How do I recognize on-the-job discrimination?
- How is illegal retaliation defined?
- How to Report Sexual Harassment at Work?
- I am scared to report sexual harassment because I fear that I will be retaliated against by my employer. What should I do?
- Is my employer responsible if I am sexually harassed at a company-sponsored event outside of working hours?
- My employer does not pay mileage reimbursement when I use my own car for company business. What is the California law on mileage reimbursement?
- My employer does not pay overtime pay. What is the California law on overtime pay? Am I supposed to receive overtime on my commission also?
- My employer yelled and cursed at me. Can I sue him or her for harassment?
- What are my rights regarding breaks and meal periods?
- What are the federal and state laws and regulations which provide legal protections for employees?
- What are the time limits for filing a sexual harassment claim?
- What can I do if I see my co-worker being sexually harassed? Can I file a suit against it?
- What is age discrimination? What are some examples of age discrimination?
- What is an “at will” work state?
- What is overtime in California? Does an employer have to pay me overtime and how much should they pay me?
- What is the California law for vacation pay? My employer does not want to pay me for unused vacation pay when I quit or was terminated.
- What proof of discrimination at work do I need to include in a discrimination complaint?
- What qualifies as discrimination?
- What qualifies as sexual harassment at work?
- What should I do if I was sexually harassed?