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.

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