Which of the following factors is part of the economic realities test used by courts to determine whether a worker is an employee or an independent contractor?

Color discrimination can occur between persons of different races or ethnicities but not between persons of the same race or ethnicity.

An employer can use the Ellerth/Faragher defense in a case where the employer had a reasonable sexual harassment policy, and the victim of harassment unreasonably failed to use it.

Bob, an Asian male employed as a project manager at a reputed company, receives his first performance appraisal. In the appraisal his supervisor states, “Compared to the other project managers, Bob falls below expectations in the performance of his job duties. He has missed four out of six deadlines in the past year without justification. Bob needs to improve his time management skills.” If the performance appraisal is reasonable and truthful, it subjects the employer to:

One of the the Immigration Reform and Control Act’s purposes is to eliminate work opportunities that attract illegal aliens to the United States.

The disparate impact national origin theory does not apply to physical requirements such as minimum height because every ethnic group has some members who are tall and some who are short.

Legal aliens (noncitizens residing in the United States) cannot be restricted from any government positions except President of the United States.

Mandatory employment arbitration agreements are generally enforceable in Texas.

Bob, an Asian male, is fired after being late for work three times. His employer has a rule that employees may be fired after being late for work twice. However, the rule has only been enforced against Asian workers while employees of other national origins have been retained with only a warning. In this scenario, Bob:

To claim a prima facie case for national origin discrimination, an employee needs to prove that: