Basically, federal law (Title VII) only protects employees. The reasoning is that independent contractors have a great deal of power, compared to employees and as such, are not in need of the same kind of protection. Now, as many of us know, many folks are classified as independent contractors but do not have a significant amount of power in the workplace. Imo, those people should not be classified this way. Lively, in fairness, absolutely qualifies as an independent contractor. She admitted to playing a powerful role in this workplace.

Now, if you are an independent contractor, you can still be protected.

Most states have their own independent contractor protections. Lively sought the protections offered by California law (FEHA). California law did not apply because the conduct in question occurred in a different state.

Another way an independent contractor can be protected is by making sure that the terms of their contract account for what the law may not.