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EISENBERG v. ADVANCE RELOCATION & STORAGE, INC.

No. 00-7216.

237 F.3d 111 (2000)

Julianne EISENBERG, Plaintiff-Appellant, v. ADVANCE RELOCATION & STORAGE, INC., Advance Relocation & Storage of Connecticut, Inc., Wheaton World Wide Moving, B. Nilsson Moving and Storage, Inc., and Molloy Brothers Moving and Storage Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: December 26, 2000.

Errata Filed: March 8-March 9, 2001.

Attorney(s) appearing for the Case

Daniel J. Schneider, Newburgh, NY, for Plaintiff-Appellant.

Vincent Toomey, Lake Success, NY, for Defendants-Appellees.

Barbara L. Sloan, Equal Employment Opportunity Commission, Office of General Counsel, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission.

Before: CABRANES and PARKER, Circuit Judges, and CEDARBAUM, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

We consider the question of whether the plaintiff-appellant is an "employee" within the meaning of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. ("Title VII"), and New York Human Rights Law, Exec. Law §§ 290, et seq. ("NYHRL"). We hold that, in determining whether a worker is an employee within the meaning of Title VII and the NYHRL, courts ordinarily should place particular weight...

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