This Note examines who is a proper plaintiff under Title VII and explains the need for a clearer definition of "employee" and "employed." Part II presents a historical development of the standards used to define employment relationships in Title VII. Part III discusses the general requirements for standing and sets forth the tests currently used to determine standing for a Title VII action. Part IV analyzes how the tests can produce different outcomes and why some tests more adequately serve the Act's goals. The Note concludes that Congress should amend the definition of "employee" or at least define what constitutes "employed." In the alternative, a consistent method should be used and this Note proposes a two-part test that would suffice for standing: (1) the claimant must first demonstrate that the defendant is a covered employer within the meaning of Title VII; and (2) the claimant must demonstrate the existence of an identifiable employment relationship which is allegedly being interfered with by the defendant.
Valerie L. Jacobson,
Bringing a Title VII Action: Which Test Regarding Standing to Sue is the Most Applicable?,
18 Fordham Urb. L.J. 95
Available at: http://ir.lawnet.fordham.edu/ulj/vol18/iss1/4