How do you define “employee”? Court scrutinizes shareholder’s role in discrimination case

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Abstract: After a board member in a building products business experienced a “spiritual awakening,” he felt that he suffered discrimination by others. Following his termination, the board member filed Title VII claims of religious discrimination and hostile work environment. The company argued that he wasn’t an “employee” under Title VII and couldn’t invoke its protections. The district court agreed, and this article discusses the appeals court’s determination. A sidebar looks at a different case, which examined whether a volunteer may be considered an employee for Title VII purposes. Mariotti v. Mariotti Building Products, Inc., No. 11-3148, April 29, 2013 (3rd Cir.) Clackamas Gastroenterology Associate, P.C. v. Wells, No. 01-1435, April 22, 2003 (Supreme Court) Juino v. Livingston Parish Fire Dist. No. 5, No. 12-30274, May 30, 2013 (5th Cir.)