Employment Law | Expert Legal Commentary
November 25, 2009
Halpert v. Manhattan Apts: Employer May Be Liable for Contractor’s Discriminatory Acts
Halpert v. Manhattan Apartments Inc.
By
Jeremy J. Gray of Zuber & Taillieu
The Second Circuit U.S. Court of Appeals has held that under the federal Age Discrimination in Employment Act, employers may be held liable for discriminatory employment actions taken by their independent contractors. In Halpert v. Manhattan Apartments Inc., 580 F.3d 86 (2nd Cir. 2009), the Court found that the question of the employer’s liability turns on whether the independent contractor was acting as the agent/ apparent agent for the employer or not – if so, then the contractor’s discriminatory acts could be imputed to the employer. The opinion should sound a warning bell for all employers that outsource human resource functions to take steps to protect themselves from unlawful actions by those contractors.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/skodonnell
