[Download] "Smith v. Diner" by In the United States Court of Appeals for the Seventh Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Diner
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 18, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Plaintiff Cyndee Smith filed suit against her former employer, Castaways Family Diner ("Castaways") and its sole proprietor, Carrol A. Gonzalez, under Title VII of the Civil Rights Act of 1964, 24 U.S.C. § 2000e(5) ("Title VII" or the "Act"), complaining of discrimination on the basis of sex, race, and national origin and also retaliation. The district court entered summary judgment against Smith on her Title VII claims, concluding that Castaways and Gonzalez were not "employers" who were covered by the Act because they did not have at least fifteen "employees" for the requisite period of time. The court excluded the two individuals who manage the restaurant from the tally, reasoning that in view of their day-today authority to operate the business independently on Gonzalezs behalf, they should not be counted as employees of the restaurant. See Clackamas Gastroenterology Assocs. v. Wells, 538 U.S. 440, 123 S.Ct. 1673 (2003). Because the district court erred in excluding these two individuals from the roster of employees on summary judgment, we reverse and remand.
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