Except under very limited circumstances, volunteers aren’t considered employees under Title VII. That means they can’t sue for things like sexual harassment.
Recent case: In exchange for Rachel’s service as a volunteer firefighter, she received training, a uniform, a life insurance policy and a minimal $2 payment per call. She sued after allegedly being subjected to sexual harassment at the hands of a fellow firefighter.
The agency that managed the volunteers argued it wasn’t liable because it wasn’t Rachel’s employer.
The 5th Circuit Court of Appeals agreed. It adopted for the first time a so-called “threshold-remuneration test,” which requires an actual “hire” before someone is covered by Title VII. Her case was dismissed. (Juino v. Livingston Parish Fire District, No. 12-30274. 5th Cir., 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Solid record-keeping is the key! Document pay criteria to shoot down EPA cases
- DOL, EEOC collaborating to leverage strategic enforcement
- Tell worker when interactive accommodations process ends
- Worker claims negligent supervision caused harassment? She must sue under Title VII