The statute does not cover independent contractors, a fact confirmed in a ruling from the Ninth Circuit. Why is the distinction important if Title VII protects any individual, whether an employee or independent contractor?In one case, the EEOC upheld an agency's dismissal of an individual's claim because he was an independent contractor at the time he was subject to the alleged. This policy guidance sets forth the Commission's position as to what entities qualify as employment agencies under Title VII and what procedures should be used. The US Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or the Act) Learn how to determine whether a person providing a service to you is an employee or an independent contractor. Numbering of Title VII Instructions. 2. 5.0 Title VII Introductory Instruction. 3. Conduct can subject employers to discrimination charges under IRCA or Title VII. Tennis players are independent contractors.