context: Title VII prohibits discrimination against "any individual" with regard to that individual's terms and conditions of employment or application for employment. The statute does not define "any individual," and although we could read the term literally, we have held that only those plaintiffs who are "employees" may bring a Title VII suit.
citation_a.signal: see
citation_a.parenthetical: overruling previous case refusing to "restrict[ ] the Act's protection to only former, present, and potential employees"
citation_a.sentence: See McClure v. Salvation Army, 460 F.2d 553, 556 (5th Cir.1972) (stating that “[i]f the provisions of Title VII are to apply to the relationship between [the defendant] and [the plaintiff,] it is necessary that [the defendant] be an ‘employer’ engaged in an ‘industry affecting commerce’ and that [the plaintiff] be an ‘employee’ as those terms are defined” in the Act); Serapion v. Martinez, 119 F.3d 982, 985 (1st Cir.1997) (“Although the language [of Title VII] speaks of ‘any individual,’ courts long ago concluded that Title VII is directed at, and only protects, employees and potential employees.”); Alexander v. Rush N. Shore Med. Ctr., 101 F.3d 487, 491 (7th Cir.1996), cert. denied, — U.S. -, 118 S.Ct. 54, 139 L.Ed.2d 19 (1997) (overruling previous case refusing to “restrict[ ] the Act’s protection to only former, present, and potential employees”); Hyland v. New Haven Radiology Assocs., 794 F.2d 793, 796 (2d Cir.1986) (interpreting identical “any individual” language in the ADEA to provide coverage “solely in favor of a person who is an employee”); but see Sibley Mem. Hosp. v. Wilson, 488 F.2d 1338, 1341 (D.C.Cir.1973) (“any individual” not limited to “employees”); but cf. Gomez v. Alexian Bros. Hosp. of San Jose, 698 F.2d 1019, 1021 (9th Cir.1983) (recognizing suit for discriminatory failure to hire when the defendant employer failed to hire another corporation as an independent contractor and a potential employee of the rejected corporation brought suit directly against the defendant employer).
citation_b.signal: but cf.
citation_b.identifier: 698 F.2d 1019, 1021
citation_b.parenthetical: recognizing suit for discriminatory failure to hire when the defendant employer failed to hire another corporation as an independent contractor and a potential employee of the rejected corporation brought suit directly against the defendant employer
citation_b.sentence: See McClure v. Salvation Army, 460 F.2d 553, 556 (5th Cir.1972) (stating that “[i]f the provisions of Title VII are to apply to the relationship between [the defendant] and [the plaintiff,] it is necessary that [the defendant] be an ‘employer’ engaged in an ‘industry affecting commerce’ and that [the plaintiff] be an ‘employee’ as those terms are defined” in the Act); Serapion v. Martinez, 119 F.3d 982, 985 (1st Cir.1997) (“Although the language [of Title VII] speaks of ‘any individual,’ courts long ago concluded that Title VII is directed at, and only protects, employees and potential employees.”); Alexander v. Rush N. Shore Med. Ctr., 101 F.3d 487, 491 (7th Cir.1996), cert. denied, — U.S. -, 118 S.Ct. 54, 139 L.Ed.2d 19 (1997) (overruling previous case refusing to “restrict[ ] the Act’s protection to only former, present, and potential employees”); Hyland v. New Haven Radiology Assocs., 794 F.2d 793, 796 (2d Cir.1986) (interpreting identical “any individual” language in the ADEA to provide coverage “solely in favor of a person who is an employee”); but see Sibley Mem. Hosp. v. Wilson, 488 F.2d 1338, 1341 (D.C.Cir.1973) (“any individual” not limited to “employees”); but cf. Gomez v. Alexian Bros. Hosp. of San Jose, 698 F.2d 1019, 1021 (9th Cir.1983) (recognizing suit for discriminatory failure to hire when the defendant employer failed to hire another corporation as an independent contractor and a potential employee of the rejected corporation brought suit directly against the defendant employer).