Outside Publication

Does Title VII Work for Temps? Faush v. Tuesday Morning Reconsiders the Employment Relationship, Villanova Law Review, Vol. 61 Issue 4

December 01, 2016

Matthew Faush was an African-American employed by Labor Ready, a national temporary staffing company. Faush alleged that, while assigned to closeout store Tuesday Morning, Inc. (Tuesday Morning), white employees and managers subjected him to racial discrimination that ultimately resulted in his termination. Faush sought a legal remedy for this alleged injustice. However, Faush found the halls of justice closed when the court determined that, because Faush was a temporary worker, he was not an employee of Tuesday Morning for purposes of Title VII of the Civil Rights Act of 1964 (Title VII). Rather, Faush, like other temporary workers who have sought to bring Title VII claims against their temporarily assigned placement employers, was deemed an employee only of the staffing company.

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