Alberty Valez v. Corp de Puerto Rico - Assignment Example

Alberty Velez v. Corp de Puerto Rico In Alberty Velez v. Corp de Puerto Rico, Victoria Alberty-Vélez Alberty”), a television show co-host, signed a new contract for every episode in 1993, which obligated her to work for specified number of days. The contract also required that she was to be responsible for all that she required for the show, such as clothes, hair and makeup. After about a year within her contract, she became pregnant and was eventually instructed by her doctor to stop going to work.

The television station halted her contract after which she sued for discrimination. Unfortunately, she lost appeal. The big question out of the case is: do the television stations qualify as employee or independent contractor?Discrimination of employees on the basis of gender and pregnancy are covered under Title VII. However, it does not cover independent contractors, which means that independent contractors cannot successfully sue under Title VII. The case brings into light what it means to be an employee as defined under Title VII.

The court applied common law agency test in order to ascertain whether Alberty was an employee of the firm or if she worked as an independent contractor. Under common law, most factors linked the plaintiff to an independent contractor even though she maintained that the defendants control her work place, determined working hours and directed the films, thus thought of herself as an employee. The court held that she was an independent contractor because she provided the resources required for the performance of the contract.

Her tax treatment, method of remuneration, and lack of employment benefits, indicated that the plaintiff was an independent contractor rather than an employee. This case clarifies the distinction between an employee of an organization and an independent contractor, thus remains crucial in the labor market.