The Food Cult Restaurant (FCR)employs part-time workers through a staffing firm.After the staffing firm sent over a part-time waitress,FCR asked the firm to replace her with someone from a different race.If the replaced waitress proceeds with a discrimination claim under Title VII of the Civil Rights Act,FCR cannot be liable because the part-time waitress was never its employee.

Question

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Food Cult Restaurant (FCR) will be liable because an employer using a staffing firm cannot avoid liability for discriminating against a temporary worker merely because it did not "employ" the worker. Employers may be held liable as "third-party interferers" under Title VII of the Civil Rights Act of 1964. For example, if an employer decides to ask its staffing firm to replace the temporary receptionist with one of another race, the receptionist could proceed with a Title VII claim against the employer because it improperly interfered with her employment opportunities with the staffing firm.

The Food Cult Restaurant (FCR)employs Part-Time Workers Through a Staffing