Tenth Circuit narrowly applies Joint Employer doctrine

In a narrow application of the Joint Employer doctrine, the Tenth Circuit rejected claims of sexual harassment by the plaintiff who worked for a construction and maintenance company that had contracted with another company. She claimed that three of the employees of that other company sexually harassed her. Since that other company was not her actual employer, she claimed it was nonetheless liable as a Joint Employer along with her actual employer.

She claimed that the other company’s workers frequently told her what to do and how to do it. She claimed that she believed that they had the authority to fire her or at least have her fired if she did not follow their direction. The Tenth Circuit rejected her claims holding that “even if (she) believed that (the other company’s employees) could fire her, her statements do not support the claim that (they) had such authority.” The Court noted that the other evidence showed that other company did not hav ethe authority to fire her, discipline her, determine her pay. It did not oversee her payroll taxes.

Her statement that Plains Defendants supervised some aspects of her work would not, under Knitter or New Mexico state law, overcome the overwhelming evidence that C3 was an independent contractor. In short, even if discovery could substantiate every assertion 41 in Ms. Adams’s affidavit, Plains Defendants would be entitled to summary judgment under Knitter and New Mexico state law.

 

 

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