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Quiz of the Month

By ALM Staff | Law Journal Newsletters |
October 16, 2003

Q: Is a licensing board an employer under federal discrimination law where it is empowered to preclude or limit employment opportunities for covered employees?

No. Courts in the Second Circuit have generally rejected claims against governmental licensing bodies on the grounds that they are not employers or employment agencies under federal discrimination laws. 'Thus, although the granting or withholding of a license affects the employment prospects of a would-be licensee, in most cases this has not made the licensing body an employer who can be liable under Title VII, the ADA or the ADEA.' Bonbay v. New York City Taxi & Limousine Commission, 2003 WL 21649453 (S.D.N.Y. 7/14/03)

Q: Is a licensing board an employer under federal discrimination law where it is empowered to preclude or limit employment opportunities for covered employees?

No. Courts in the Second Circuit have generally rejected claims against governmental licensing bodies on the grounds that they are not employers or employment agencies under federal discrimination laws. 'Thus, although the granting or withholding of a license affects the employment prospects of a would-be licensee, in most cases this has not made the licensing body an employer who can be liable under Title VII, the ADA or the ADEA.' Bonbay v. New York City Taxi & Limousine Commission, 2003 WL 21649453 (S.D.N.Y. 7/14/03)

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