Most federal employment discrimination statutes apply to employers who
have a certain number of “employees” on a minimum number of days within a certain period. The Equal Employment Opportunity Commission (EEOC) and most federal courts have taken the position that the number of “employees” is determined by the number of people actually on the job on a particular day, rather than the number of employees on the payroll. Not so, says the Supreme Court. In a recent decision relating to coverage of Title VII, the Court held that an employee counts as an “employee” as long as an employment relationship exists, whether or not the employee is at work on any given day. The greatest impact of this ruling will fall on smaller employers with part-time employees, who now must be counted as “employees” to determine coverage of federal discrimination laws whether or not they actually work on any given day. If you have concerns about the coverage or requirements of employment discrimination laws in your business, please contact:
Cook, Little, Rosenblatt & Manson ALERTS are produced periodically as a service of Cook, Little, Rosenblatt & Manson, p.l.l.c. and are intended to highlight emerging legal issues affecting our clients and friends. It is, of course, no substitute for specific legal advice.
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