Rush v. Watkins Motor Lines, Inc.

MEMORANDUM *

Willie Rush appeals the district court’s grant of summary judgment in favor of Watkins Motor Lines, Inc., on his Title VII race discrimination claim. The district court held that, because Rush applied for and was rejected from an independent contractor position, he was not protected by Title VII. We affirm the judgment of the district court.

Title VII protects employees, but it does not protect independent contractors. See Adcock v. Chrysler Corp., 166 F.3d 1290, 1292 (9th Cir.1999). A primary factor in determining that an employer-employee relationship exists is the employer’s right to control the means and manner of the worker’s performance. See Lutcher v. Musicians Union Local 47, 633 F.2d 880, 883 (9th Cir.1980).

The record evidence demonstrates that Watkins’ contractors, and not Watkins, control the contractors’ trucking businesses. The contractors own their own trucks, pay for their own fuel, and are responsible for their own maintenance and insurance. See Adcock, 166 F.3d at 1293 (stating that the fact that a contractor owns equipment and vehicles weighs strongly in favor of finding an independent contractual affiliation); Smith v. Dutra Trucking Co., 410…