Essay on "Alberty, the First Circuit Court"

Essay 3 pages (1474 words) Sources: 0

[EXCERPT] . . . .

" Alberty, at 4 (emphasis added). The summary judgment standard is clear: The moving party must show that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. Clearly there were issues of material fact as to Plaintiff's status as an employee which precluded summary judgment on that issue, if in fact the district court based its decision on Plaintiff's legal status, which it did not.

Assuming, arguendo, that the Court was justified in examining the parties' legal relationship, as opposed to the issue of whether Plaintiff "failed to present evidence of unlawful discrimination," the Court's use of the "common law agency test" is unpersuasive. First, the Court concluded that Plaintiff's skill set qualified her as an "independent contractor." In support of this proposition the Court cited Aymes v. Bonelli, 980 F.2d 857, 862 (2d Cir. 1992). In Aymes, the court recounted that "architects, photographers, . . . artists, [and] drafters" are "highly skilled independent contractors." The Court then recites Plaintiff's skills, but fails to provide any analogy between her skills and the professions discussed in Aymes. The Court also reasoned that Plaintiff, not Defendant, provided the "tools and instrumentalities" for her to perform. Yet, as pointed out by Plaintiff, and summarily dismissed by the Court, Plaintiff could not logically perform her "job" without the Defendant's "tools and instrumentalities," e.g., "equipment for filming and producing the show." The Court attempts to analogize Plaintiff's case to that of a symphony, but fails to draw a logical distinction between a musician (whose "instrument" is the primary "tool" used in the performance) and Plaintiff (whose "image-related supplies" are ancillary to the necessary equipment for filming a show).

With respect to assignment of work, method of payment, failure to provide Plaintiff with benefits, and tax treatment, the Court's reasoning supports its conclusion that Plaintiff was an independent contractor. Indeed, based on the fact that (1) Defendant could not assign Plaintiff work in addition to filming; (2) Plaintiff's pay was contingent on completing the filming; (3) Defendant did not provide Plaintiff with benefits; and (4) Plaintiff's taxes classified her income as deriving from professional services, the Court's arguments were logical. Nevertheless, as the Court itself stated, "no one factor is dispositive." Thus, the Court's conclusion that "a reasonable fact finder could only conclude that Alberty was an independent contractor" is misplaced and not fully supported by the facts, as discussed previously.

Finally, the Court's rejection of the Puerto Rico Department of Labor's ("PRDOL") determination that Plaintiff was an "employee" ignores the procedural posture of the case. The Court correctly concluded that the PRDOL's determination of Plaintiff's employee status does not control the Court's decisions on federal law, i.e., Title VII. The Court failed to explain, however, how its conclusion comports with its holding that Plaintiff was "not covered by . . . The Puerto Rico anti-discrimination laws." If an agency of the territory determined that Plaintiff was an employee under its own law, then the Court had to apply its reasoning to the territory law as well. By focusing solely on Title VII, and not addressing Puerto Rico law, the Court's holding is not fully supported.

In conclusion, it is clear that the Alberty Court did not want to address the factual issues it chose to undertake through a de novo review of the case. By ignoring the procedural posture of this case, the Court conveniently focused on the second prong of the summary judgment standard, i.e., entitlement to judgment as a matter of law, at the expense of the first prong, no genuine issues of material fact. At a minimum, there are genuine issues of material fact regarding Plaintiff's employment status. Thus, if the Court felt it was necessary to address this issue, it should have remanded the case for further proceedings consistent with its opinion. This would have been difficult, however, as the issue on appeal was not the legal status of the parties, but rather, whether Defendant discriminated against Plaintiff in violation of federal and territory law. In addition, the Court's holding is not supported by its reasoning. Indeed, although the Court provides reasoning for its decision based on federal law (Title VII), it does not address Plaintiff's claims under… READ MORE

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