Please identify the five elements of a "hostile work environment" claim.

There is no legitimate, nondiscriminatory reason for the conduct.

Conduct is severe or pervasive.

The conduct of the harasser was intentional.

Victim is in protected class.

Employee can establish psychological harm.

Conduct is continuing at time of complaint.

Conduct is based upon protected characteristic.

There is a tangible employment action.

Conduct is unwelcome.

Employment relationship between victim and harasser.

There is a basis for holding the employer responsible.

Which of the following accurately describes what the law regards as an independent contractor?

An independent contractor is a person who contracts with a principal to perform a task according to his or her own methods, and who is not under the principal's control regarding the physical details of the work or the technical aspects of how it is done nor totally dependent economically upon the particular job.

An independent contractor is anybody who is hired to make independent decisions and who asks to be paid by the job rather than by the hour.

An independent contractor is a job category that can be selected freely by employer and employee to avoid tax payments.