Smith v. Dutra Trucking Company

MEMORANDUM OF OPINION

Plaintiff brought this action under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e, et seq., alleging discrimination in employment on the basis of sex. Plaintiff seeks compensatory and punitive damages, as well as declaratory and injunctive relief. Defendant Dutra Trucking Company (“Dutra”) moved for summary judgment on the ground that no employment relationship has ever existed between plaintiff and defendant. The legal issue is whether plaintiff falls within the class of persons protected by Title VII of the Civil Rights Act of 1964. Plaintiff main tains two alternative theories of coverage: (1) that she is Dutra’s “employee” within the meaning of the Act, and (2) that even if not Dutra’s employee, she is protected by the Act because Dutra controls her access to employment.

I

Plaintiff, a woman, is engaged in a trucking business with her husband, Raymond A. Smith. Dutra is an “overlying carrier.” To supply its customers with transportation service, Dutra makes use of both its own employees and independent owner-operators like plaintiff. The independent owner-operator works under a subhauling agreement with Dutra which recites…