Swift

MEMORANDUM ***

Doris Swift sued Realty Executives Nevada’s Choice (“Realty Executives”) for sexual harassment and retaliation in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. Realty Executives moved for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(1), asserting that it was not Swift’s “employer,” as defined by the statute because: (1) it did not employ at least fifteen employees, and (2) Swift was not an employee but rather an independent contractor. See 42 U.S.C. § 2000e(b) (“ ‘employer’ means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person____”); 42 U.S.C. § 2000e(f) (“ ‘employee’ means an individual employed by an employer....”).

The district court denied the motion, finding that there was sufficient evidence for the court to assert subject matter jurisdiction because Swift was an employee and Realty Executives employed at least fif *573 teen employees. Thereafter, Swift amended her complaint and added Charles James, the owner of Realty Executives, as a…