Bryson v. Middlefield Volunteer Fire Department, Inc.

JULIA SMITH GIBBONS, Circuit

Judge, concurring in part and dissenting in part.

I agree with the majority that a remand is necessary because, on the factual record of this case, the question of remuneration cannot be decided as a matter of law. However, I disagree with the majority’s conclusion that, when evaluating whether an individual is an “employee” for purposes of Title VII of the Civil Rights Act of 1964 (“Title VII”), the court must weigh remuneration as merely one factor under the common-law agency test set forth in Nationwide Mutual Insurance Co. v. Darden, 503 U.S. 318, 323-24, 112…