"Bias Ruling Over Temp Workers a Game-Changer for Employers", 24 Nov 2015 [Subscription required]

A recent federal court ruling detailing the right of temporary employees to sue for discrimination will mean changes in the way businesses interact with staffing agencies, employment lawyers said. The U.S. Court of Appeals for the Third Circuit ruled last week in Faush v. Tuesday Morning that temporary workers could sue for discrimination the employers that contracted with their agencies, provided those employers had a significant degree of control over the employees' day-to-day duties, among other factors...Until now...temporary employees were extremely vulnerable in instances of discrimination...[T]he Third Circuit's decision clamps down on an employer's capacity to sidestep liability. "It wasn't just the right decision but the only decision," Gold [an employment discrimination lawyer] said, adding that temporary employees would otherwise have no recourse...Despite others' views that the ruling in Faush's case changes things for employers, Richard Golomb of Golomb & Honik said the Third Circuit's ruling doesn't expand the existing level of liability employers face...The Third Circuit held that because Tuesday Morning indirectly paid Faush's wages by contracting with the Labor Ready staffing agency and had the authority to request a replacement worker if Faush didn't work out—in addition to its direction of temporary employees' work—Tuesday Morning was considered Faush's employer...