United States v. City of New York

I respectfully dissent.

Participants in New York City’s Work Experience Program (“WEP”) are not covered by Title VII because they are not “employees” of the City of New York. Under the settled principles set out in this opinion: (1) a person is not an employee unless she is “hired” by an employer (and is not an independent contractor); (2) a person is hired only if she receives direct or indirect remuneration for services rendered; (3) the remuneration must be substantial; and (4) remuneration includes wages and benefits but excludes benefits that are incidental to the work.

The welfare…