Question
Read the following statements. Which is the best holding and why? (CASE: HORNICK V. BOROUGH OF DURYEA, 5007 F.Supp. 1091 (1980)) a.Yes. Even though they
Read the following statements. Which is the best holding and why?
(CASE: HORNICK V. BOROUGH OF DURYEA, 5007 F.Supp. 1091 (1980))
a.Yes. Even though they work only a few hours a day, part-time workers are counted as one of the 15 employees required for Title VII application, when they are hired, controlled, and paid by a company. b.Yes. The defendant had at least 15 employees and therefore was subject to Title VII coverage. Subissue: Yes. Part-time workers are to be counted as employees to determine if a person is an employer for Title VII purposes. c.According to disparate impact theory and disparate treatment theory, plaintiff was discriminated against solely based on a discriminatory height and weight requirement. d.The court found that it was not significant that the worker worked only a few hours a day with minimal pay. These workers were hired, controlled, and paid by the employer and were therefore considered "employees" for Title VII purposes. e.The court held that the non-CETA full- and part-time employees exceeded the jurisdictional requirement of Title VII.
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