Fourth Circuit Adopts Joint Employer Test

Stephenson & Murphy attorneys have been successful in urging the Fourth Circuit to adopt a test for holding “client” employers of temporary employees liable for violations of Title VII, which prohibits discrimination on the basis of such things as sex, race, color, national origin, and religion.  The hybrid test adopted by the Fourth Circuit not only will assist employees in holding employers accountable, but also will help temporary and other staffing firms that have been under pressure by client employers to remove employees, who, for example, may have complained about harassment by an employee of the client employer.  Under the new Butler test, client employers have a vested interest in preventing and redressing discrimination and harassment of temporary employees.  Here is an excellent blog post by a colleague at the Wyche firm that summarizes the new decision.