Temporary Worker Discrimination: Rights and Remedies
Understand how anti-discrimination laws protect temporary employees, who can be held liable, and how to assert your rights.
Temporary workers play an essential role in today’s economy, filling short-term staffing needs in retail, healthcare, manufacturing, offices, and many other industries. Even though their assignments may be brief, temporary employees are protected by the same core anti-discrimination laws as permanent staff, and in many situations they can bring legal claims against both the staffing agency and the company where they are placed.
This article explains how anti-discrimination protections apply to temporary workers, who may be held responsible for unlawful treatment, how courts decide if there is an employment relationship, and practical steps to take if you experience discrimination while working through a staffing or temp agency.
Who Counts as a Temporary Worker?
The term “temporary worker” generally refers to individuals hired for a limited period, often through a staffing or employment agency. They may be engaged to cover seasonal spikes in demand, employee leave, or short-term projects, and they typically do not have an expectation of ongoing employment once the assignment ends.
Common examples include:
- Retail staff hired only for holiday or back-to-school seasons
- Administrative or clerical workers placed on short-term office assignments
- Warehouse and logistics staff filling temporary labor gaps
- Healthcare workers covering shifts or leave for regular employees
From a legal perspective, these workers may be considered employees of the staffing agency, employees of the host company, or joint employees of both entities, depending on the level of control each has over the job.
Key Anti-Discrimination Laws Covering Temporary Workers
In the United States, several major federal laws protect workers from discrimination in employment. Temporary workers are generally covered by these laws on the same basis as permanent employees, whether they are employees of the agency, the host company, or both.
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| Law | Main Focus | Examples of Protected Traits |
|---|---|---|
| Title VII of the Civil Rights Act of 1964 | Prohibits discrimination and harassment in employment | Race, color, religion, sex (including pregnancy and LGBTQ+ status), national origin |
| Americans with Disabilities Act (ADA) | Bars discrimination based on disability; requires reasonable accommodation | Physical or mental impairments that substantially limit major life activities |
| Age Discrimination in Employment Act (ADEA) | Protects older workers from age-based discrimination | Age 40 and above |
| Equal Pay Act, wage and hour laws | Address pay equity and basic labor standards | Fair wages, overtime, and related protections for non-exempt workers |
State and local laws often provide additional protections, sometimes covering more categories (such as sexual orientation, gender identity, or marital status) or applying to smaller employers than federal statutes.
What Counts as Illegal Discrimination for Temporary Employees?
Not all unfair treatment is unlawful. For a temporary worker to have a discrimination claim, the adverse treatment generally must be tied to a protected characteristic rather than the worker’s temporary status alone.
Examples of potential illegal discrimination include:
- Refusing to place a temporary worker on a job because of their race, religion, or national origin
- Making offensive comments or slurs about a worker’s gender, disability, or age and allowing a hostile environment to continue
- Terminating an assignment after a worker reveals a pregnancy or requests a reasonable disability accommodation
- Paying temporary workers less than permanent counterparts solely because of sex or another protected trait
By contrast, treating temporary workers differently because they are temporary — for example, not offering them certain perks or benefits given to regular employees — is usually not illegal discrimination, as “temporary status” itself is not a protected category.
Can Temporary Workers File Discrimination Claims?
Yes. Under federal anti-discrimination laws and many state statutes, temporary workers may file discrimination claims if they experience unlawful treatment based on a protected characteristic. This is true even if they have worked only a short time, have an assignment through a staffing agency, or lack the benefits given to permanent staff.
Importantly:
- Job applicants, current employees, and temporary workers are treated similarly under federal discrimination laws; all may bring claims if an employer violates their rights.
- Temporary workers are considered employees for purposes of anti-discrimination protections, either of the staffing agency, the host employer, or both.
- Retaliation laws generally protect temporary workers who oppose discrimination or participate in an investigation, even if they are later removed from a worksite or not offered future assignments.
Who Is Liable: Staffing Agency, Host Company, or Both?
Determining who is legally responsible for discrimination against a temporary worker can be complex. In many situations, both the staffing agency and the host company share responsibility as joint employers.
Staffing Agency Liability
A staffing or temp agency can be liable for its own discriminatory conduct, such as:
- Refusing to recruit or place workers based on race, sex, age, disability, or other protected traits
- Honoring a client’s illegal preferences (for example, agreeing not to send older workers)
- Ignoring complaints about discrimination at client sites when the agency has the power to intervene or reassign workers
Federal appellate courts have held that a staffing agency may be responsible for discrimination by a client if the agency participates in the discriminatory practice or knows of the discrimination and fails to take corrective measures within its control.
Host Employer Liability
The company where a temporary worker performs services (often called the host or client) can also be considered an employer for discrimination purposes. Courts frequently apply a right-to-control test to decide whether an employment relationship exists.
Factors used in this analysis include:
- Who directs the day-to-day work and supervises job tasks
- Who provides equipment and tools for the work
- Where the work is performed and how long the relationship lasts
- Who sets work schedules and assigns projects
- Whether the work is part of the host company’s regular business
When these factors show that the host employer effectively controls the temporary worker’s job, courts may treat the host as an employer under Title VII and related laws, allowing discrimination claims against that company.
Joint Employer Situations
In many cases, both the staffing agency and the host company share control over key aspects of the worker’s employment. The worker may receive pay through the agency but take instructions from supervisors at the host company, and both may participate in decisions about assignment, discipline, or termination.
When evidence shows shared control, courts may find a joint employment relationship. In joint employer situations:
- Both entities can be sued under anti-discrimination laws
- Each may be responsible for its own actions and, in some cases, for failing to prevent or address the other’s discriminatory conduct
- Temporary workers may be able to recover damages from both parties, depending on the facts and jurisdiction
Practical Steps for Temporary Workers Facing Discrimination
If you believe you are experiencing discrimination while working as a temporary employee, taking systematic steps can help protect your rights and strengthen any potential legal claim.
1. Document What Is Happening
Keep detailed notes about incidents, including:
- Dates, times, and locations of discriminatory or harassing conduct
- What was said or done, as specifically as possible
- Names and roles of people involved or who witnessed the events
- Any written communications, such as emails or text messages, related to the behavior
2. Use Internal Complaint Procedures
Temporary workers often have two potential reporting channels: the staffing agency and the host employer. To preserve your rights, it is typically advisable to:
- Report the issue to a supervisor or human resources contact at the host company
- Inform your recruiter, account manager, or HR representative at the staffing agency
Providing clear, written complaints to both entities puts them on notice and triggers their duty to take reasonable corrective steps under anti-discrimination laws.
3. Seek Reassignment if Necessary
If the worksite remains hostile or retaliatory despite your complaints, you may request reassignment through the staffing agency. While reassignment does not erase past discrimination, it can reduce ongoing harm and may be considered in evaluating whether the agency took reasonable measures to respond to the situation.
4. File a Charge with the EEOC or State Agency
To pursue most federal discrimination claims, workers must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) or an equivalent state or local fair employment agency. Deadlines to file are typically short (often 180 or 300 days from the discriminatory act, depending on the jurisdiction).
When filing, temporary workers should:
- Identify both the staffing agency and the host employer, if either may have responsibility
- Describe how each entity controlled the terms and conditions of the job
- Explain any complaints previously made and how the entities responded
5. Consult an Employment Attorney
Because joint employment and staffing arrangements can be legally complex, speaking with an attorney experienced in employment discrimination can help you understand who may be liable, what evidence is needed, and how best to proceed. Lawyers can also advise on related issues such as unpaid wages, overtime, or benefits that may arise alongside discrimination claims.
Frequently Asked Questions About Temporary Worker Discrimination
Are temporary workers protected from retaliation?
Yes. Most major anti-discrimination laws include anti-retaliation provisions that protect workers who oppose unlawful conduct, file a complaint, or participate in an investigation. Temporary workers are generally covered to the same extent as permanent employees, meaning that termination, removal from a worksite, or denial of future assignments in response to protected activity can be unlawful.
Can I sue both the staffing agency and the company where I worked?
In many situations, you can name both entities in a discrimination charge or lawsuit, especially where each had some control over your job and either participated in or failed to address discriminatory conduct. Whether both are ultimately held liable depends on the evidence and applicable legal standards, including joint employer doctrines.
Is it legal for companies to give benefits only to permanent employees?
Generally, yes. Differences in benefits or perks based solely on employment status (temporary versus permanent) are typically allowed and do not, by themselves, amount to illegal discrimination. However, if a company uses benefit differences as a pretext to treat workers of a particular race, gender, age, or other protected trait worse than others, that could raise discrimination concerns.
Do temporary workers have other rights beyond discrimination protections?
Temporary workers are usually covered by wage and hour laws, safety regulations, and in some cases benefit-related rules. For example, federal regulations state that employees who work a sufficient number of hours for an employer may be eligible to participate in certain retirement plans, and larger employers must offer health coverage to full-time employees under the Affordable Care Act. These protections can apply to temporary workers who meet the legal thresholds.
Does it matter that my assignment was very short?
The short duration of an assignment does not automatically eliminate your discrimination protections. Anti-discrimination laws generally apply from the moment of recruitment and throughout the employment relationship, even if it lasts only a few days or weeks. That said, shorter assignments may affect the amount of damages available or the practical value of pursuing a claim, which is a topic to discuss with an attorney.
References
- Enforcement Guidance: Application of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other Staffing Firms — U.S. Equal Employment Opportunity Commission. 1997-12-03. https://www.eeoc.gov/laws/guidance/enforcement-guidance-application-eeo-laws-contingent-workers-placed-temporary
- Use of Staffing Agency Temporary Employees May Not Insulate Employers from Title VII Liability — Bressler, Amery & Ross, P.C. 2015-11-30. https://www.bressler.com/publication-use-of-staffing-agency-temporary-employees-may-not-insulate-employers-from-title-vii-liability
- Do Temporary Employees Have Rights? — King & Siegel LLP. 2023-02-01 (approx.). https://www.kingsiegel.com/blog/do-temporary-workers-have-rights/
- Are Temporary Employees Able to File Discrimination Claims? — Erlich Law Firm. 2019-08-01 (approx.). https://erlich.lawyer/faqs/employmentlaw/discrimination-and-harassment-faq/are-temporary-employees-able-to-file-discrimination-claims/
- Companies Contracting with Employment Agencies Can Be Held Liable for Temporary Employees’ Discrimination Claims — Primerus. 2016-01-15 (approx.). https://www.primerus.com/article/companies-contracting-employment-agencies-can-be-held-liable-temporary-employees
- Are Staffing Agencies Liable For Job Discrimination? — Spitz, The Employee’s Law Firm. 2022-04-04. https://www.calltherightattorney.com/blog/2022/04/are-staffing-agencies-liable-for-job-discrimination/
- Workplace Discrimination Involving Temporary Employees — Queens Employment Attorney. 2018-04-10 (approx.). https://www.queensemploymentattorney.com/blog/2018/april/workplace-discrimination-involving-temporary-emp/
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