Pastor v. Partnership for Children’s Rights, 10-cv-5167 (E.D.N.Y. Sept. 27, 2012): In this discrimination case, the Partnership for Children’s Rights sought to dismiss the complaint on the grounds that it was not an “employer” under Title VII of the Civil Rights Act and the Americans with Disabilities Act because it had less than 15 employees. The court dismissed the case and rejected the plaintiff’s argument that the defendant’s volunteers and interns worked as “employees.” The court reasoned that the volunteer attorneys were not employees because they received only continuing legal education courses and training, which were “not the type of substantial job-related benefits that give rise to an employment relationship.” The defendant’s interns also were not employees because any stipend or school credit the interns received came from their educational facility, and not from the defendant.
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Volunteers and interns not “employees” for purposes of minimum thresholds under Title VII and the ADA
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