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In a recent decision, the federal district court was able to
easily dismiss a case alleging that the rights afforded employees
were violated. In this instance, the plaintiff was not an employee,
but rather an independent contractor. Brown v. Outback Steakhouse,
Civ. Case No. 5:14-CV-372-JMH, 2015 WL 5304617 (E.D. Ky Sept. 9,
2015).
Brown ran a company, Alfred Cleaning Services, that provided, as
it were, cleaning services to Outback Steakhouse restaurants in
Fayette and Madison County. Brown complained about the manner in
which certain Outback officers referred to him and his employees.
When the cleaning services contract was terminated, Brown brought
suit alleging violation of the Kentucky Civil Rights Act which, at
KRS § 344.040, declares it unlawful to discharge or
discriminate against employees who fall within certain protected
categories. In this instance, however, Brown alleged that his
company was an independent contractor of Outback. In that the
Kentucky Civil Rights Act protects employees, not independent
contractors, there was no viable claim. Further, Brown's
efforts to rely upon KRS § 344.280, which makes it unlawful to
conspire to retaliate or discriminate against a person who has
opposed a practice declared unlawful by the Kentucky Civil Rights
Act, failed in that Brown had not identified a primary violation
for which a conspiracy could attach. Rather:
He has alleged only conduct affecting an independent contractor
and, as discussed, this is not proscribed by the KCRA.
On that basis, summary judgment was granted to Outback.
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