The law firm of Shirk, Work & Fish hired a staffing firm to place a temporary receptionist in their office. The receptionist was on the payroll of the staffing firm. The law firm's office manager trained the receptionist to handle phone calls and visitors in accordance with the firm's policies, gave him deadlines for work assignments and decided when the receptionist could take breaks and go to lunch. After working with Shirk for 13 months, the receptionist made an allegation of race discrimination because he applied for a paralegal job that the staffing firm filled at the law firm and the office manager did not select him.

Question

Quizplus · Accepted Answer

The law firm and staffing firm could be considered joint employers as the law firm exercised enough control over the receptionist's work, such as training and assignment deadlines, making them liable for the discrimination claim. The fact that the staffing firm paid the receptionist and did not control the selection for the paralegal job does not absolve the law firm from exercising sufficient control over the receptionist's work. The fact that the receptionist is a temporary employee does not impact their ability to bring a discrimination claim.

The Law Firm of Shirk, Work & Fish Hired a Staffing