Independent contractor has no employee discrimination claim since not an employee:STEILBERG V. C2 FACILITY SOLUTIONS, LLC (COA 8/1/2008)

STEILBERG V. C2 FACILITY  SOLUTIONS, LLC
EMPLOYMENT LAW:  Employee discrimination claim failed by claim of
independent contractor
2007-CA-001500
PUBLISHED: AFFIRMING
PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR
JEFFERSON COUNTY
DATE RENDERED: 8/1/2008

Lucy Craig Steilberg appeals from a summary judgment and order of the Jefferson Circuit Court dismissing her claims against C2
Facility Solutions, LLC and Dale A. Cain, the President and Chief Executive Officer of the corporation. Steilberg’s claims against C2 and Cain arise out of alleged violations of Kentucky’s Civil Rights Act. Kentucky Revised Statutes (KRS) Chapter 344.

The trial court concluded that Steilberg was not an employee of C2 and that, therefore, she could not invoke the Act to protect herself against unlawful discrimination. The court ruled that C2 and Cain were entitled to judgment as a matter of law.

The COA affirmed the conclusion of the trial court that the charges of unlawful discrimination were not viable because Steilberg worked with the firm as an independent contractor rather than as an employee.

Digested by Michael Stevens

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