550 F. App'x 253
6th Cir.2013Background
- Skanska USA Building, Inc. acted as general contractor for a Memphis hospital project and coordinated work of subcontractors, including C-1, Inc.
- C-1 provided buck-hoist operators (Knox, Burt, Vassar) all African-American; Skanska paid C-1 $18/hour and C-1 paid operators $9/hour.
- C-1’s contract envisioned Neely supervising on-site, but Skanska largely supervised day-to-day activities, hours, and safety training; Neely had little on-site involvement.
- Operators were removed from site by Skanska without explanations, and Skanska controlled supervision, schedules, and complaint handling related to the buck-hoist workers.
- Knox, Burt, and others faced racial harassment at the site (slurs, graffiti, and discriminatory conduct) with no effective action by Skanska managers.
- After incidents, Skanska replaced C-1 operators with Skanska employees, then reinstated C-1 following a corporate-level intervention, and later reaffirmed control over staffing and supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Skanska was a joint employer of the buck-hoist operators | Knox/EEOC contend Skanska jointly employed operators. | Skanska argues no joint-employer relationship existed. | Skanska is a joint employer; reversed for remand. |
Key Cases Cited
- Carrier Corp. v. NLRB, 768 F.2d 778 (6th Cir. 1985) (test for joint employment—control over terms and conditions)
- Sanford v. Main St. Baptist Church Manor, Inc., 449 F. App’x 488 (6th Cir. 2011) ( dicta on joint-employer theory)
- E.E.O.C. v. Pac. Mar. Ass’n, 351 F.3d 1270 (9th Cir. 2003) (application of joint-employer doctrine)
- Graves v. Lowery, 117 F.3d 723 (3d Cir. 1997) (joint-employer analysis framework)
- Virgo v. Riviera Beach Associates, Ltd., 30 F.3d 1350 (11th Cir. 1994) (joint-employer considerations under Title VII)