Arkansas Injury Lawyer Blog
Can an employer be held liable for acts of employment discrimination carried out by another employer? If a non-employing entity controls or can substantially affect the terms and conditions of another employer’s employee, that entity may be considered a “joint employer” for Title 7 purposes. This means that the non-employing entity could be held equally responsible for any discrimination or harassment that may occur. This is referred to as “defacto or joint employment liability” and often appears in situations in which there is a staffing firm, placement agency, or outsourcing company. If the circumstances lend themselves to finding the joint employer relationship exists, a non-employing entity can still be liable for employment discrimination.
I have seen companies attempt to argue that liability for employment discrimination or harassment cases does not exist because they weren’t the “employer.” These employers fail to understand employment discrimination laws. Employment cases involve complex legal issues that are constantly being litigated and argued in federal and state courts. It is important to speak with an Arkansas employment lawyer if you or a family member feels that your employment rights are being violated. If you have been terminated, disciplined, or harassed based upon discriminatory reasons, you should speak to an Arkansas employment lawyer as soon as possible.