“Temporary” Employee May Pursue Discrimination Claims Against HP

In Gilani v. Hewlett-Packard Company, 15-CV-5609, 2018 WL 4374002 (S.D.N.Y. Sept. 12, 2018), the court addressed the issue of whether Hewlett-Packard was plaintiff’s “employer” for purposes of Title VII and the ADEA. Plaintiff was, pursuant to employment contract, “formally” employed by a company called Insight Global and worked at an HP location. Because of the contract, the court did not evaluate the situation based on the common law theory of agency, but rather solely on the “joint employer” doctrine. It held that, under that doctrine, plaintiff could pursue his claims against HP.