Sixth Circuit: Volunteer Firefighters Can Be Title VII Employees

Earlier this month, the Sixth Circuit reversed a summary judgment which had been entered in favor of a volunteer fire department in Ohio. Bryson v. Middlefield Volunteer Fire Department, No. 10-3055 (6th Cir. 9/2/11). In that case, the plaintiff served as a volunteer firefighter and then was also hired as the department’s administrative assistant. She alleged that the former fire chief sexually harassed her and then constructively discharged her in retaliation for her complaints. She filed a Charge of Discrimination with the EEOC and OCRC, which found probable cause of harassment, but not retaliation. She then filed suit and the department moved for summary judgment on the basis that it did not employ 15 employees as required by Title VII. In particular, it denied that the volunteer firefighters were employees under Title VII. Although the firefighters were provided with insurance coverage and gift certificates, were covered by workers compensation and were provided with other benefits (such as access to department facilities and training, etc.), the trial court agreed that the renumeration received by the firefighters was not substantial enough to convert them from non-covered volunteers to covered employees. The Sixth Circuit reversed.

The Sixth Circuit concluded that whether an individual was covered by Title VII was governed by the common law of agency. The amount and type of compensation received by the individual was merely one factor to be considered and should not be given greater weight by making it an independent condition precedent to conducting the common law agency analysis. Because the trial court failed to consider all of the agency factors and then weigh them, the Court reversed so that the court could apply the proper analysis on remand.

Whether an individual is an “employee” for Title VII purposes arises in a number of contexts, including non-profits, shareholders, trustees, etc.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.