Lost sometimes amid all the aspects of discrimination cases are the technical requirements that still must be shown in order for a discrimination claim to proceed.
For example, Title VII applies only to employers with 15 or more employees each working day in each of 20 or more calendar weeks (But note that there may still be a state discrimination claim which only requires 3 or more employees.)
A recent federal case in Connecticut emphasizes this point. In Jacobson v. Int’t Tours & Events LLC (download here), the court granted an employer’s motion for summary judgment were the employer said that it employed only 5 employees.
The Plaintiff asserted that other persons who worked for a separate corporate legal entity should be included but the court rejected that assertion saying she proffered no support for ignoring corporate form.
What’s the takeaway for employers?
In defending claims of discrimination, don’t overlook the technical requirements for each statute.