Employee versus Independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co....

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Employee versus Independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixed expenses and abided by a variety of rules relating to the use of the cab, the hours that could be worked, the solicitation of fares, and so on. Rates were set by the state. Happy Cab did not withhold taxes from Hemmerling's pay. While driving a cab, Hemmerling was injured in an accident and filed a claim against Happy Cab in a Nebraska state court for workers' compensation benefits. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling is an employee? Explain. [Hemmerling v. Happy Cab Co., 247 Neb. 919, 530 N.W.2d XXXXXXXXXX)]
	
Document Preview: 21-1.  Discrimination Based on National Origin.  Phanna Xieng was sent by the Cambodian government to the United States in 1974 for “advanced military training.”  When the Cambodian government fell in 1975, Xieng remained in the United States and in 1979 was employed by Peoples National Bank of Washington.  In performance appraisals from 1980 through 1985, Xieng was rated by his supervisors as “capable of dealing effectively with customers” and qualified for promotion, although in each appraisal it was noted that Xieng might improve his communication skills to maximize his possibilities for future advancement.  Xieng sought job promotions on numerous occasions but was never promoted.  In 1986, he filed a complaint against the bank, alleging employment discrimination based on national origin.  The employer argued that its refusal to promote Xieng because of his accent or communication skills did not amount to discrimination based on national origin.  Is it possible to separate discrimination based on an employee’s accent and communication skills from discrimination based on national origin?  How should the court rule on this issue?  [Xieng v. Peoples National Bank of Washington, 120 Wash.2d 512, 844 P.2d XXXXXXXXXX)]19–1.  Employee versus Independent Contractor.  Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixed expenses and abided by a variety of rules relating to the use of the cab, the hours that could be worked, the solicitation of fares, and so on. Rates were set by the state. Happy Cab did not withhold taxes from Hemmerling's pay. While driving a cab, Hemmerling was injured in an accident and filed a claim against Happy Cab in a Nebraska state court for workers' compensation benefits. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling is an employee? Explain. [Hemmerling v. Happy Cab Co., 247 Neb. 919, 530 N.W.2d XXXXXXXXXX)] Created with an evaluation copy of...

Robert · Accepted Answer

Case 1.  
“Under Title VII of the Civil Rights Act of 1964, it is illegal for employers to discriminate 
against employees on the basis of their national origin. This generally means that employers may 
not fire, demote, or subject an employee to any other form of adverse employment action because 
of that employee's home country or because of the home country of the employee's ancestors.”
This Act protects the individuals or persons against the employment discrimination on the basis 
of color, race, sex, religion and national origin. It is applicable to the individuals who are atleast 
fifteen years of age because below fourteen are not allowed to work.
Sec. 2000e-2 (Section 703), states that it is an unlawful employment practice for an employer  
“(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against 
any individual with respect to his compensation, terms, conditions, or privileges of employment, 
because of such individual’s race, color, religion, sex, or national origin; or 
(2) to limit, segregate,

Employee versus Independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemmerling paid certain fixed expenses and abided by a variety of rules relating to the use of the cab,...

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