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HR 10035

Protecting Independent Contractors from Discrimination Act of 2026

119th Congress Introduced by Eleanor Holmes Norton

The bill treats independent contractors as employees for major federal anti-discrimination and related laws, expanding protections and liabilities to contractors.

Sponsor introductory remarks on measure. (CR E775)
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Bill Summary · HR 10035

Overview

HR 10035, the Protecting Independent Contractors from Discrimination Act of 2026, aims to redefine the legal status of individuals who perform work for employers under an independent contract. The bill would treat such individuals as employees for purposes of several major federal laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Rehabilitation Act, and the Genetic Information Nondiscrimination Act. Introduced August 3, 2026 by Rep. Norton (with a co-sponsor), the bill would extend protections and liability coverage normally applicable to employees to independent contractors who provide work under contract terms with an employer.

Purpose and Intent

  • To prohibit discrimination and ensure federal employment protections for individuals who work for an employer as independent contractors.
  • To align treatment of independent contractors with that of employees under major civil rights, labor, and disability nondiscrimination laws.
  • The underlying aim is to close perceived gaps in protections for non-traditional employment arrangements by deeming independent contractors as employees for purposes of covered statutes.

Key Provisions

  • Title VII (Civil Rights Act of 1964): Amends the definition in section 701(f) to include individuals who provide work under an independent contract with an employer.
  • Age Discrimination in Employment Act (ADEA): Amends section 11(f) to include independent contractors who provide work under an independent contract.
  • Fair Labor Standards Act (FLSA): Adds a new ending clause to section 6(d) explicitly defining “employee” to include independent contractors who provide work under an independent contract.
  • Americans with Disabilities Act (ADA): Expands the relevant definitions to include independent contractors who provide work under an independent contract with the employer.
  • Rehabilitation Act: Amends section 505(a)(1) to cover independent contractors as applicants for employment.
  • Genetic Information Nondiscrimination Act (GINA): Amends section 201(2)(A) to include independent contractors in the nondiscrimination protections.
  • Across all listed laws, the bill uses parallel language to insert “or an individual who provides work for an employer under the terms of an independent contract with such employer” after the term “employer” or equivalent.

Who Is Affected

  • Individuals who provide work for an employer as independent contractors (as opposed to traditional employees) would be covered as employees under the cited federal statutes.
  • Employers that engage independent contractors would be subject to the same anti-discrimination and related protections and potential liabilities as if those workers were employees under the amended statutes.
  • Federal agencies enforcing civil rights, labor, and disability nondiscrimination laws would apply these protections to independent contractors.

Procedural and Timeline Aspects

  • Status: Introduced August 3, 2026; referred to the House Committee on Education and the Workforce.
  • There is no specified phase-in period or enforcement timeline in the text provided; the amendments appear to apply upon enactment to the covered provisions.
  • The action history indicates initial sponsorship by Rep. Norton with a co-sponsor, suggesting possible subsequent committee consideration and potential floor action.

Potential Impacts and Considerations

  • Expands employee-like protections to a broad class of workers, potentially affecting discrimination claims, wage-and-hour considerations, and accessibility obligations for workplaces that engage independent contractors.
  • Could raise compliance burdens on employers who rely on independent contracting arrangements.
  • May affect the classification debates between contractors and employees, with implications for payroll taxes, benefits, and workers’ compensation in practice.

Note: The summary reflects the bill’s text as introduced and does not reflect any subsequent amendments or changes from later legislative actions.

Compiled from official sources — confirm details with the bill’s official record.

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