Title VII of the Civil Rights Act of 1964 prohibits an employer's discriminatory employment practices against an employee on the basis of race, color, religion, gender, or national origin. Most contingent workers in the U.S. are faced with discriminatory employment practices, such as low wages and low or no benefits, and they are disproportionately women and minorities. Title VII is the focal point, but Title VII has not functioned as a remedy for contingent workers. This book examines why contingent workers suffer discrimination, depite Title VII, and suggests possible solutions.

I. Introduction II. Contingent Workers in the United States A. The Definition of Contingent Workers B. The Characteristics of Contingent Workers C. What Are Contingent Workers'' Problems? III. The Treatment of Contingent Workers Under Antidiscrimination Laws in the United States, and Other Countries and the EU A. The Statutory Definition of "Employee" in Determining Who Is Covered by the U.S. Antidiscrimination Laws Is Too Narrow 1. The U.S. Excludes independent Contractors as Defined Under the "Right to Direct and Control" Test 2. Other Countries 1) U.K. : Inclusion of "Workers" Gives Some Independent Contractors Protection 2) Canada : Inclusion of Dependent Contractors and Emphasis of Factors for Independent Contractors on the Employee Test 3) Korea : A Unique System for Contingent Workers, Such As Fixed-Term, Part-Time, and Temporary Agency Workers : and A De-emphasis of Control in the Employee Test. B. The Statutory Definition of "Employer" in Determining Whom Is Covered by the U.S. Antidiscrimination Laws Is Too Narrow 1. In the United States, Temporary Employees Are Employees of the Temporary Agency, But Not the Primary Contractor for Whom They Work 2. Other Countries 1) U.K. : Establishing the Liability of Both Employers 2) Korea : The Primary Contractor''s Liability Under Antidiscrimination Laws 3) Germany : The Primary Contractor''s Obligation of Prohibiting Discrimination in the Worker Dispatch Law 4) France : The Primary Contractor''s Liability in the Real Sense C. The Statutory Definition of What Constitutes "Discrimination" Is Too Narrow 1. The United States Does Not Accept Application of Disparate Impact Analysis, But Accepts the Business Necessity Defense 2. Other Countries and the EU 1) U.K. : Applying the Indirect Discrimiantion provision for Part-time Workers 2) EU : Part-Time Workers Portection from Pay and Pay-Related Benefits Discrimination 3) Canada : Denial of Business Necessity 4) Korea : Employer''s Defense Is a Very Narrow Concept IV. Possible Solutions A. The U.S Congress and/or Courts Must Broaden the Definition of Covered "Employee" to Include Contingent Workers in the Term of "Worker", and Adopt the "Economic Realities (Dependence) Test" to Include Some Independent Contractors as Covered "Worker" B. The U.S. Congress and/or Courts Must Apply the Single Employer Eoctrine (from the United States) More Broadly to Include Both the Primary Contractor and the Temporary Agency as One Employer C. The U.S. Congress and/of Courts Must Apply the Disparate Impact Theory More Broadly, or Pass Legislation Requiring Proportional Wages and Benefits for "Workers" in the Same Workplace V.Condlusion APPENDIX BIBLIOGRAPHY CURRICULUM VITAE