Real Estate Agents Were Independent Contractors, Not Employees, of Brokerage Firm, Thus Could Not Bring Title VII Discrimination Claim

Three real estate brokers who had signed independent contractor agreements with a real estate brokerage firm argued that the firm controlled their work as if they were employees and, therefore, they could bring Title VII discrimination claims against the firm. In Sean Proa v. NRT Mid-Atlantic, Inc., the US District Court of Maryland held that the three brokers were not employees but independent contractors. The Court rejected the argument that because the brokers were required to work in the firm's office during their assigned "floor duty" times, attend office meetings, and follow certain firm policies. A copy of the written decision can be read here.

If you would like more information on defending Title VII claims claims or have questions regarding independent contractor status please visit the Farrell & Gunderson website and contact Eric W. Gunderson.