42 Cited authorities

Nationwide Mut. Ins. Co. v. Darden
503 U.S. 318 (1992) Cited 1,468 times 44 Legal Analyses
Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning
Community for Creative Non-Violence v. Reid
490 U.S. 730 (1989) Cited 1,149 times 17 Legal Analyses
Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry
Tomka v. Seiler Corp.
66 F.3d 1295 (2d Cir. 1995) Cited 2,016 times 4 Legal Analyses
Holding that Title VII action may be maintained only against "employer-entity"
Forrest v. Jewish Guild
3 N.Y.3d 295 (N.Y. 2004) Cited 1,324 times 1 Legal Analyses
Holding that the McDonnell Douglas framework applies to discriminatory discharge claims brought pursuant to the NYSHRL
Assoc. of Mexican-Am. v. State of Calif
231 F.3d 572 (9th Cir. 2000) Cited 791 times 1 Legal Analyses
Holding the same where the indirect employer, the State of California, implemented an allegedly discriminatory skills test that was a prerequisite for the plaintiffs to gain employment with their direct employers, the school districts
Joseph v. Leavitt
465 F.3d 87 (2d Cir. 2006) Cited 624 times 3 Legal Analyses
Holding that paid leave there did not constitute an adverse employment action but leaving open the possibility that a paid suspension or accompanying investigation carried out in an exceptionally unreasonable or dilatory way may constitute an adverse employment action
Zheng v. Liberty Apparel Co. Inc.
355 F.3d 61 (2d Cir. 2003) Cited 568 times 11 Legal Analyses
Holding district court erred in applying only four factors regarding formal control
Tarr v. Ciasulli
181 N.J. 70 (N.J. 2004) Cited 302 times 2 Legal Analyses
Holding that aiding and abetting liability requires that "the party whom the defendant aids must perform a wrongful act that causes an injury"
Kern v. City of Rochester, Fire Department
93 F.3d 38 (2d Cir. 1996) Cited 362 times
Holding that a defendant who sexually harassed and assaulted his secretary did not do so under color of state law even though the relevant events occurred in an office where the defendant regularly conducted city business and while he was a city employee
Arculeo v. On-Site Sales & Mktg., LLC
425 F.3d 193 (2d Cir. 2005) Cited 269 times 2 Legal Analyses
Finding no integrated employment for the purposes of Title VII
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,248 times 169 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 203 - Definitions
29 U.S.C. § 203 Cited 6,778 times 274 Legal Analyses
Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

Trathony Griffin and Michael Godwin, Appellants,v.Sirva, Inc. and Allied Van Lines, Inc., Respondents.

42 Cited authorities

Holding that where the statute does not helpfully define the term "employee," courts should apply its established meaning

Holding that "In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party's right to control the manner and means by which the product is accomplished" and listing several factors relevant to this inquiry

Holding that Title VII action may be maintained only against "employer-entity"

Holding that the McDonnell Douglas framework applies to discriminatory discharge claims brought pursuant to the NYSHRL

Holding the same where the indirect employer, the State of California, implemented an allegedly discriminatory skills test that was a prerequisite for the plaintiffs to gain employment with their direct employers, the school districts

Holding that paid leave there did not constitute an adverse employment action but leaving open the possibility that a paid suspension or accompanying investigation carried out in an exceptionally unreasonable or dilatory way may constitute an adverse employment action

Holding district court erred in applying only four factors regarding formal control

Holding that aiding and abetting liability requires that "the party whom the defendant aids must perform a wrongful act that causes an injury"

Holding that a defendant who sexually harassed and assaulted his secretary did not do so under color of state law even though the relevant events occurred in an office where the defendant regularly conducted city business and while he was a city employee

Finding no integrated employment for the purposes of Title VII

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable