A recent federal court ruling has serious implications for businesses that hire temporary workers via staffing agencies. The court’s ruling in Faush v. Tuesday Morning establishes the right for temporary employees to pursue an employment discrimination claim against the employer that contracted with their staffing agency.
The Third Circuit based its decision on a business’ control over the manner and means in which work is performed for the company by the temporary employee.
Philadelphia employment discrimination lawyer, Sidney L. Gold, of Sidney L. Gold & Associates, weighed in on the ruling. Attorney Gold asserts that the court’s decision will have an impact on employers trying to avoid liability by hiring temporary workers through an employment agency. According to Gold, these issues are common as employers may typically look to hire temporary workers to protect themselves against potential liability from the protections Title VII offers employees. “It wasn’t just the right decision but the only decision,” Gold said, adding that temporary employees would otherwise have no recourse when experiencing any type of discrimination at work.
