New opinion — Third Circuit expands temp-employee rights

Faush v. Tuesday Morning — employment discrimination — partial reversal — Fuentes

An African American employee of a temporary-employment agency was assigned to work at a store, and it went badly. Ultimately, the temp sued the store under Title VII and other statutes, alleging that he was the victim of racial discrimination. The district court (some guy named Restrepo) granted summary judgment against the temp because he was not the store’s employee. Today, the Third Circuit vacated in part, holding that jurors could find that the temp was the store’s employee under Title VII. The opinion acknowledged that its ruling “will pertain to a large number of temporary employment arrangements.”

Joining Fuentes were Fisher and Krause. Arguing counsel were Wayne Ely for the temp and Robert Luxen for the store.