ANN ARBOR, MI, October 22, 2011 (Press-News.org) by: Edward Macey
A recent ruling from Sixth Circuit Court of Appeals specifically confirms that the federal civil rights laws protect certain volunteers from discrimination at work. The case brought by a volunteer firefighter against the Middlefield Fire Dept. was originally thrown out before trial by the lower court. The Appeals court ruling reverses the lower court and sends the discrimination case back for trial, based on a determination that the law's protection against discrimination and harassment for "employees" includes employees who are unpaid.
The plaintiff in Bryson v. Middlefield had alleged sexual harassment in the form of unwanted advances by her supervisor which led to her eventual termination when she rejected the advances. The volunteer firefighter brought suit after the EEOC issued her a Notice of Right to Sue after concluding that there was enough evidence that she was "sexually harassed and subject to a sexually hostile work environment." The volunteer "employee" brought her suit in district court, where the fire department argued that Bryson, as a "firefighter member" could not be considered an employee because firefighter members were volunteers; and not "employees" under Title VII. (Title VII of The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin). The lower court bought the argument and granted partial summary judgment finding the Department did not meet the statutory definition of employer by not having enough employees to be covered by federal law. The Sixth Circuit disagreed and reversed.
The Sixth Circuit's groundbreaking analysis rejects a previous Second Circuit Court opinion on employee/volunteer determination and, as some employment rights advocates might say, has made a significant push for employees' rights by stretching the boundaries as to who is considered an "employer" and "employee" with regard to Title VII claims. Because Bryson established that firefighter-members received "worker's compensation coverage, insurance coverage, gift cards, personal use of the Department's facilities and assets, training, and access to an emergency fund," the Sixth Circuit ruled that the district court made an error by adding the requirement of "significant remuneration" when trying to determine if an individual can be considered an "employee." As a result of this classification, the Department can be held responsible for discrimination and harassment under Title VII. The case now returns to the district court to determine whether sexual harassment occurred.
The lawyers at Nacht Law will continue to monitor the developments in this area. If you have any questions or would like more information on the issues discussed in this comment, please contact the author. Attorney Edward Macey is an associate at the Firm of Nacht, Roumel, Salvatore, Blanchard & Walker PC, practicing in the area of employment rights and civil rights.
About Nacht Law:
Navigating any difficult situation starts with sensible, legally sound advice. Nacht Law in Ann Arbor, Michigan, is a full-service law firm committed to providing clients with aggressive, flexible and affordable counsel across a wide range of legal disputes.
Nacht Law
101 North Main Street, Suite 555
Ann Arbor MI 48104
Telephone: 734-418-0356
Toll Free: 888-312-7173
Web: http://www.nachtlaw.com
Sixth Circuit Court Rules Definition of "Employee" Includes Some Volunteers, Extending Title VII Discrimination Protection
A recent ruling from Sixth Circuit Court of Appeals specifically confirms that the federal civil rights laws protect certain volunteers from discrimination at work.
2011-10-22
ELSE PRESS RELEASES FROM THIS DATE:
Why do some athletes choke under pressure?
2011-10-22
Athletes know they should just do their thing on the 18th hole, or during the penalty shootout, or when they're taking a 3-point shot in the last moments of the game. But when that shot could mean winning or losing, it's easy to choke. A new article published in Current Directions in Psychological Science, a journal of the Association for Psychological Science, looks at why paying too much attention to what you're doing can ruin performance.
"We think when you're under pressure, that your attention goes inward naturally. Suddenly it means so much, you want to make sure ...
Psychologists defend the importance of general abilities
2011-10-22
"What makes a great violinist, physicist, or crossword puzzle solver? Are experts born or made? The question has intrigued psychologists since psychology was born -- and the rest of us, too, who may secretly fantasize playing duets with Yo Yo Ma or winning a Nobel Prize in science. It's no wonder Malcolm Gladwell stayed atop the bestseller lists by popularizing the "10,000-hour rule" of Florida State University psychologist K. Anders Ericsson. Using Ericsson's pioneering work -- but omitting equally prominent, contradictory, research -- Gladwell's book Outliers argued that ...
Commonly used 3-drug regimen for idiopathic pulmonary fibrosis found harmful
2011-10-22
The National Heart, Lung, and Blood Institute (NHLBI), part of the National Institutes of Health, has stopped one arm of a three arm multi-center, clinical trial studying treatments for the lung-scarring disease idiopathic pulmonary fibrosis (IPF) for safety concerns. The trial found that people with IPF receiving a currently used triple-drug therapy consisting of prednisone, azathioprine, and N-acetylcysteine (NAC) had worse outcomes than those who received placebos, or inactive substances.
"These findings underscore why treatments must be evaluated in a rigorous manner," ...
Trio of studies support use of PET/CT scans as prostate cancer staging tool
2011-10-22
ROCHESTER, Minn. -- Recent studies have suggested that C-11 choline positron emission tomography/computerized tomography (PET/CT) scans can be utilized as a staging and potentially therapeutic tool in prostate cancer. The results of three studies, released today during a meeting of the North Central Section of the American Urological Association (http://www.ncsaua.org/default.aspx), validate findings in Europe and expand the potential use of C-11 choline PET scans.
One study found that C-11 choline PET/CT scans can be used as a staging tool rather than multiple x-rays, ...
Divorced Children Receive Less Financial Help From Their Parents
2011-10-22
A recent study conducted by Rice University reveals that children of divorced parents typically receive less college financial aid from their parents as compared with children of intact marriages.
The study surveyed 2,400 undergraduate students and was published in SAGE Publications' June 2011 issue of its "Journal of Family Issues."
The study examined whether divorced/separated and remarried parents contribute less in absolute dollars, as a proportion of their income, and as a proportion of their children's financial need, toward their children's college ...
Mayo Clinic study: PSA test valuable in predicting biopsy need, low-risk prostate cancer
2011-10-22
ROCHESTER, Minn. -- The prostate-specific antigen test, commonly known as the PSA test, is valuable in predicting which men should have biopsies and which are likely to be diagnosed with low-risk prostate cancer, a Mayo Clinic study has found. The findings were released today during a meeting of the North Central Section of the American Urological Association (http://www.ncsaua.org/default.aspx) in Rancho Mirage, Calif.
"The decision to use the PSA test is best made by the patient, in consultation with his doctor," says R. Jeffrey Karnes, M.D. (http://www.mayoclinic.org/bio/12463493.html), ...
Study finds no correlation between primary kidney stone treatment and diabetes
2011-10-22
ROCHESTER, Minn. -- A Mayo Clinic study finds no correlation between the use of shock waves to break up kidney stones and the long-term development of diabetes. The study was released Friday during a meeting of the North Central Section of the American Urological Association (http://www.ncsaua.org/default.aspx) in Rancho Mirage, Calif.
"We did not identify a significant correlation between shockwave lithotripsy and the long-term development of diabetes mellitus," says Matthew Gettman, M.D. (http://www.mayoclinic.org/bio/11940808.html), a Mayo Clinic urologist and co-author ...
November 2011 Geology highlights: New research posted Oct. 5
2011-10-22
Boulder, CO, USA - Another packed issue of GEOLOGY, The Geological Society of America's premier journal and the top-most cited geoscience journal in the world (http://www.scimagojr.com/journalrank.php?category=1907) is online in pre-issue publication. Topics include the San Andreas Fault and SAFOD; the 1944 Tonankai earthquake, Japan; Bonin Island beach sands; the fluid properties of ice; fracturing of the Panamanian Isthmus; diatoms from Ocean Drilling Program Site U1304; China's Loess Plateau; deglaciation and climate change in Turkey; an ancient Death Valley landslide; ...
Preventing cancer development inside the cell cycle
2011-10-22
Researchers from the NYU Cancer Institute, an NCI-designated cancer center at NYU Langone Medical Center, have identified a cell cycle-regulated mechanism behind the transformation of normal cells into cancerous cells. The study shows the significant role that protein networks can play in a cell leading to the development of cancer. The study results, published in the October 21 issue of the journal Molecular Cell, suggest that inhibition of the CK1 enzyme may be a new therapeutic target for the treatment of cancer cells formed as a result of a malfunction in the cell's ...
Drunk Driving Accidents More Likely to Occur at Night Says USDOT
2011-10-22
According to the U.S. Department of Transportation, there is a drunk driving accident fatality every 23 minutes -- with most of them occurring between midnight and 3 a.m. In order to address this issue, and keep the roads safe, the agency launched the "Drive Sober or Get Pulled Over" campaign, which is designed to educate the public about the dangers of drunk driving during nighttime hours and remind drivers that law enforcement will vigilantly patrol at night to keep drunk drivers off the road.
"While we have made great strides in reducing drunk driving ...
LAST 30 PRESS RELEASES:
Computational biology paves the way for new ALS tests
Study offers new hope for babies born with opioid withdrawal syndrome
UT, Volkswagen Group of America celebrate research partnership
New Medicare program could dramatically improve affordability for cancer drugs – if patients enroll
Are ‘zombie’ skin cells harmful or helpful? The answer may be in their shapes
University of Cincinnati Cancer Center presents research at AACR 2025
Head and neck, breast, lung and survivorship studies headline Dana-Farber research at AACR Annual Meeting 2025
AACR: Researchers share promising results from MD Anderson clinical trials
New research explains why our waistlines expand in middle age
Advancements in muon detection: Taishan Antineutrino Observatory's innovative top veto tracker
Chips off the old block
Microvascular decompression combined with nerve combing for atypical trigeminal neuralgia
Cutting the complexity from digital carpentry
Lung immune cell type “quietly” controls inflammation in COVID-19
Fiscal impact of expanded Medicare coverage for GLP-1 receptor agonists to treat obesity
State and sociodemographic trends in US cigarette smoking with future projections
Young adults drive historic decline in smoking
NFCR congratulates Dr. Robert C. Bast, Jr. on receiving the AACR-Daniel D. Von Hoff Award for Outstanding Contributions to Education and Training in Cancer Research
Chimpanzee stem cells offer new insights into early embryonic development
This injected protein-like polymer helps tissues heal after a heart attack
FlexTech inaugural issue launches, pioneering interdisciplinary innovation in flexible technology
In Down syndrome mice, 40Hz light and sound improve cognition, neurogenesis, connectivity
Methyl eugenol: potential to inhibit oxidative stress, address related diseases, and its toxicological effects
A vascularized multilayer chip reveals shear stress-induced angiogenesis in diverse fluid conditions
AI helps unravel a cause of Alzheimer's disease and identify a therapeutic candidate
Coalition of Autism Scientists critiques US Department of Health and Human Services Autism Research Initiative
Structure dictates effectiveness, safety in nanomedicine
Mission accomplished for the “T2T” Hong Kong Bauhinia Genome Project
Study identifies how malaria can lead to childhood cancer
An earth-abundant mineral for sustainable spintronics
[Press-News.org] Sixth Circuit Court Rules Definition of "Employee" Includes Some Volunteers, Extending Title VII Discrimination ProtectionA recent ruling from Sixth Circuit Court of Appeals specifically confirms that the federal civil rights laws protect certain volunteers from discrimination at work.