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National Litigation Hotline

By ALM Staff | Law Journal Newsletters |
October 31, 2005

Second Circuit Ruling on Existence of Joint Employers Under Title VII Standard

While acknowledging that its courts had not yet taken a stance on “whether aggregation is appropriate in either the single employer or the joint employer context for purposes of determining whether the Title VII threshold is met,” the Second Circuit found that even if such aggregation had been judicially upheld, the plaintiff employee had failed to show that the employees for the two companies for which she worked could be justifiably aggregated. Arculeo v. On-Site Sales & Marketing, LLC, 2005 WL 2403853 (2nd Cir. Sept. 30).

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