United States v. City of New York
Court of Appeals for the Second Circuit
1Opinion of the Court
POOLER, Circuit Judge.
We are asked to determine whether welfare recipients obliged to participate in New York City’s Work Experience Program (“WEP”) are employees within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and thus entitled to Title VIPs protections *87against sexual and racial harassment. Applying this circuit’s test for the existence of an employer-employee relationship, we conclude that the district court erred by finding as a matter of law on a Rule 12(b)(6) motion that plaintiffs are not employees. We also conclude that the Personal…
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