Co-written by Calvin W. Blackburn, III, Esq.
Ever consider employing temp agencies to supply persons needed for business? More than 90% of American businesses report using temporary employment agencies in some capacity. The conventional wisdom is that temps not only satisfy the need for inexpensive and convenient labor, but also have the added feature of reducing a company’s exposure to employee lawsuits under various civil rights statutes such as Title VII. Recent cases suggest, however, that many businesses may be operating under a faulty premise.
In the Eleventh Circuit opinion in Reynolds v. CSX Transportation, Inc., Arlene Reynolds, an employee of a temp agency, was assigned to work in the medical records department of CSX Transportation, Inc. Soon after her arrival, Reynolds was allegedly subjected to numerous instances of inappropriate behavior by a CSX supervisor. On occasion, a CSX supervisor massaged her shoulders, brushed his groin area against her body, and stated
