UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. COURT OF COMMON PLEAS OF ALLEGHENY COUNTY

Filing 87

ORDER granting in part and denying in part Plaintiff EEOCs Motion to Limit or Sever Trial Issues, (Docket No. 61 ). The jury shall be instructed and the evidence at trial shall be limited, given Defendant's admission it was Plaintiff's emp loyer. However, Defendant may also show that Empyrean employed Pittman during the same time frame as co-employers or joint employers. To that end, Defendant may introduce evidence that it and Empyrean established practices regarding the selection, supervision and termination of temporary employees. Signed by Judge Nora Barry Fischer on 06/27/2016. (nsc) (Main Document 87 replaced on 6/27/2016) (nsc). Modified on 6/27/2016. (nsc) Modified on 6/27/2016. (nsc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
UNITED STATES EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Plaintiff,
v.
COURT OF COMMON PLEAS OF
ALLEGHENY COUNTY,
Defendant.

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Civil Action No. 14-899
Judge Nora Barry Fischer

ORDER
AND NOW, this 27th day of June, 2016, upon consideration of Plaintiff EEOC’s Motion
to Limit or Sever Trial Issues, (Docket No. [61]), and the Parties’ Joint Status Report, (Docket
No. [80]),
IT IS HEREBY ORDERED that Plaintiff’s Motion [61] is GRANTED, IN PART and
DENIED, IN PART. The jury shall be instructed and the evidence at trial shall be limited, given
Defendant’s admission it was Plaintiff’s employer. However, Defendant may also show that
Empyrean employed Pittman during the same time frame as co-employers or joint employers.
To that end, Defendant may introduce evidence that it and Empyrean established practices
regarding the selection, supervision and termination of temporary employees. Faush v. Tuesday
Morning, Inc., 808 F.3d 208, 219 (3d Cir. 2015); Dunkel v. Integrative Staffing Group, 2016 WL
2958269 (W.D. Pa. May 23, 2016); EEOC Notice 915.002, Enforcement Guidance: Application
of EEO Laws to Contingent Workers Placed by Temporary Employment Agencies and Other
Staffing Firms, Dec. 3, 1997, 1997 WL 33159161, at *5–6.
s/Nora Barry Fischer
Nora Barry Fischer
U.S. District Judge

cc/ecf: All counsel of record.