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Discrimination against a sub contractor

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  • Discrimination against a sub contractor


    I am a sub to my contractor. I have not been paid for 11 months. The deal was I get to pay whenever he gets paid by his prime. But I am at least 4 months behind in payments that are already paid to him. While I have grounds to sue him on contract breach, I am wondering if I have any grounds or is there any law to protect sub contract from racial discrimination. The reason I am asking is that other sub contractors under this contract are paid and kept current and I am the only one behind. I am from a minority race and others are not. So, I have reasons to believe that there is a racial discrimination. Any advise would be appreciated.

  • #2
    Sorry but the laws governing anti-discrimination in the workplace are limited to employees, not contractors. Your remedy would be through the courts as you have a contract.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


    • #3
      Employment law applies to employees, not contractors. As Elle noted, any
      recourse you have is through the court system.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        What kind of work did you do for this guy? I ask because often someone is called a subcontractor when legally they should be an employee. I'm not looking for a job title, but am looking for what kind of tasks you did.
        I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.


        • #5
          If the prime contractor has failed to pay you timely for racial reasons, you could potentially have a discrimination claim under 42 U.S.C. § 1981 (“Section 1981”) which prohibits racial discrimination in contracting. You will need to consult with an experienced attorney to determine whether you have a potential Section 1981 claim in addition to a breach of contract claim.


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