ANSWER ALL 3 QUESTIONS:

1. is it fair for an alcoholic to expect an employer to overlook his or her disability when it affects job performance?

2. did mary kay act in the most ethical way?

3. was debi eyerman's behavior ethical?

An independent controctor is an individual hired by an employer to perform a specific task. The employer has no control over the methods used by the independent contractor. The following contractors are among those who act independently of an employer in some situations: electricians, carpenters, plumbers, television repair persons, and automobile mechanics. Independent contractors can also include professional agents such as lawyers, physicians, accountants, securities brokers, insurance brokers, real estate brokers, and investment advisors. Independent contractors may also employ others in their field who will be bound to them as employees. At times it may be unclear whether a worker is an employee or an independent contractoc. This occurs with workers who are salespeople, delivery and car service drivers, home workers, and others who work for tips or commissions. Employers prefer the independent contractor status because they do not have to provide paid vacation pay, sick time, personal leave, or any life, health, or unemploymest insurance. In addition, they do not have to pay pension benefits; there is no busis for workers' compensation suits; taxes do not have to be withheld; there are no minimum wages, maximam hours, or overtime; and tort liablity for the actions of the independent contractor is minimal or nil. Employers initially designate a worker as an employee or an independent contractor. How then is the distinction made? Courts often employ an economic realities test, which encompasses an employer's control over the worker's behavior. First, factors indicating behavioral control include instructing, training, setting work hours, and designating dress codes; where, when, and how the work is to be done; and restricting the worker from being employed by others. Second, financial control is determined by the following: the worker does not have a significant investment in the business; the worker cannot perform services for the public, the worker has no unrealized personal profit or loss; the woeker does not pay business expenses or provide tools; the worker is compensated for a job on an hourly basis; and the worker files reports as required by the employer. Third, the type of relationship is indicative of employment status, and factors include the following: the relationship is continuous; the worker has an essential role in the business; the worker has no power to employ others without the employer's authorization; the worker is liable if the job is done poorly or is not completed; and the worker may be terminated at will, not solely for breach of contract. Affirmative responses to these criteria would indicate that the worker is an employee. Negative responses signify that the worker is an independent contractor. Often, indicators are split between employee and independeat costractor. Some courts have used a balanced approach, in which the criteria supporting employee status will be counted or weighed against the criteria supporting independent contractor status to determine the employment relationship. The Internal Revenue Service ("IRS") can also weigh in on this issue if it believes employers are not withholding taxes. In 2006, the IRS condensed its 20 Factor Test for independent contractors into three components: Affirmative responses to these criteria would indicate that the worker is an employec. Necutive responses signify that the worker is an independent contractoc. Often, indicanors are split between employce and independent contractor. Some courts hwe used a balanced approach, in which the ariteriz supporting employee status will be counted or weighed against the criteria supponting independent contractor status to determine the employment relationship. The Internal Revenue Service ("IRS") can also weigh in on this issue if it believes employess are mot withholding taxes, In 2006, the IHS condensed its 20 Factor Tet for indepeadeat contractors ints thure components: - Behavioral control - Financial control - Relationship type Behavioral Control Behavioral control is determined by who has ultimase control over performance of the following - Assignment of the job - Where, when, and how the work is performerl - The purchase of tools, equipineat, and supplies - The method(s) used to complete the task - The hiring of additional help - Whether training is provided If the employer controls these activities, then the worker is an employee. If the worker is the decision maker with regard to these faciocs, then the wooker is an independent contractar. Financial Control Who has financial control is determined by a number of factors, including the following: When the worker is paid by the job, even if it intudes an hourly component sach as athomey's fees, it is indicative of independent contractor status. An employee is tosully paid a wage or solury. Withbolding of income, Social Securiry, and Medicare uxes and pryment of unemployment insurance and workers" compensation insurance for the worker are indications of employee sutus. Nothing is witheld for iadependent contractors. When a worker performs for only one employer, it is indicative of an employer-employee relutionhip. An independent contractor may work for numerous emplayers. Independent contractors are in business for themselves to earn a profit; employees are not. Employee compensation is fixed with the exception of bonuses, commissions, and protir sharing, bor these are still not indicative of independent coenractor status. Workers who invest in facilities and equipment are independent contractors. Financial Control Who has financial control is determined by a number of facsocs, lockuding the following: When the worker is paid by the job, even if it includes an hourly component such as antomey's fees, it is ifdicative of independest contraciot status. Al enployec is aseally puid a wage er salary. Withholding of income, Social Secarity, and Medicare tarurs and proment of unenploynarnt insurance amd workers' compersation insurance for the worker are inticatiots of enployee statis. Noding is withlueld for indepecsient contractor. When a worker performs for oely ene employer, it is indicutive ef an enployer-employee relationship. An independent contraktor may work for numetees winployer. Independent contractors are in business for thritselves so rara a profic, employees are nog. Employee compensation is fixed with the exception of bocuns, comminsion, and profit sharing, but these are sill not iedicative of independent coneractse statur. Workers who imest in facilities and equipment are italepordent conencurs. Relationship Type Empleywent at will applies to woikers who are employers wheres independere cretractors' employment is berminated when the sack is completed. Whenew a wurker is guen an employmett tundfook and or peovided or she is an employee. An independent coskactor must provide for his or her own insurance ard bensefiss. Ethical Issme The Case of Ope for the Road Mary Kay Cosmetics terminated Debi Eywmas dae so a dnak driving conviction, an accident that occarred while she was inchriased, and attending a mevting while ietanicated Alcoholism is a protected disability under the Americans with Drobilities Acr. However, Mary Kay argued that an employer need not solenate the ase of alcohol during the scope of. employment. Furthermore, Mary Kay did nat cemrol Eyemat's job porformance and employment opportunities due to her satus as an independers contractoe. Eyerman v, Mary Kay Cosmetics, lac, 967 F.2d 213 (6th Cir, 1952). Questions