Total Articles: 2
Legal Alert: High Level Managers Counted As Employees for Title VII Coverage.
The Seventh U.S. Circuit Court of Appeals recently reinstated a Title VII lawsuit against a small employer after holding that two high level managers should be considered employees in determining whether the employer is subject to Title VII. See Smith v. Castaways Family Diner (July 18, 2006). The trial court had held that because the managers had more influence and control over the company than a regular manager, they should not be considered employees in determining Title VII coverage. The Seventh Circuit reversed this decision, holding that the right to control test articulated by the U.S. Supreme Court, upon which the trial court relied, does not apply to high level managers who have no ownership interest in the company.
Nurses Placed By Temporary Agency May Sue Employer Who Used Their Services.
A federal court of appeal ruled that a dual employment status is possible that would allow plaintiffs, employed with a temporary employment agency, to bring suit for discrimination under Title VII against both the state (as the employer) and the agency which employed them.
