Protecting Independent Contractors from Discrimination Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4235 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 inde- pendent contractors be treated as employees. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 6, 2019 Ms. NORTON introduced the following bill; which was referred to the Committee on Education and Labor 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 em- ployees. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 20:12 Sep 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4235.IH H4235 jbell on DSK3GLQ082PROD with BILLS 2 •HR 4235 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Protecting Inde- 2 pendent Contractors from Discrimination Act of 2019’’. 3 SEC. 2. AMENDMENTS. 4 (a) TITLE VII OF THE CIVIL RIGHTS ACT OF 5 1964.—The first sentence of section 701(f) of title VII 6 of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)) is 7 amended by inserting ‘‘or an individual who provides work 8 for an employer under the terms of an independent con- 9 tract with such employer,’’ after ‘‘employer,’’. 10 (b) AGE DISCRIMINATION IN EMPLOYMENT ACT OF 11 1967.—The first sentence of section 11(f) of the Age Dis- 12 crimination in Employment Act of 1967 (29 U.S.C. 13 630(f)) is amended by inserting ‘‘, an individual who pro- 14 vides work for an employer under the terms of an inde- 15 pendent contract with such employer,’’ after ‘‘employer’’. 16 (c) FAIR LABOR STANDARDS ACT OF 1938.—Section 17 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 18 206(d)) is amended by adding at the end the following: 19 ‘‘(5) For purposes of this subsection, the term 20 ‘employee’ includes an individual who provides work 21 for an employer under the terms of an independent 22 contract with such employer.’’. 23 (d) AMERICANS WITH DISABILITIES ACT OF 1990.— 24 The first sentence of section 101(4) of the Americans with 25 Disabilities Act of 1990 (42 U.S.C. 12111(4)) is amended 26 VerDate Sep 11 2014 21:06 Sep 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4235.IH H4235 jbell on DSK3GLQ082PROD with BILLS 3 •HR 4235 IH by inserting before the period at the end the following: 1 ‘‘or an individual who provides work for an employer 2 under the terms of an independent contract with such em- 3 ployer’’. 4 (e) REHABILITATION ACT OF 1973.—Section 5 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 6 794a(a)(1)) is amended by inserting ‘‘or any individual 7 who provides work for an employer under the terms of 8 an independent contract with such employer’’ after ‘‘appli- 9 cant for employment’’. 10 (f) GENETIC INFORMATION NONDISCRIMINATION 11 ACT OF 2008.—Section 201(2)(A) of the Genetic Informa- 12 tion Nondiscrimination Act of 2008 (42 U.S.C. 13 2000ff(2)(A)) is amended— 14 (1) by striking ‘‘or’’ at the end of clause (iv); 15 (2) by striking the period at the end of clause 16 (v) and inserting ‘‘; or’’; and 17 (3) by adding at the end the following: 18 ‘‘(vi) an individual who provides work 19 for an employer under the terms of an 20 independent contract with such employer.’’. 21 Æ VerDate Sep 11 2014 21:06 Sep 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4235.IH H4235 jbell on DSK3GLQ082PROD with BILLS