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For Title VII, are staffing firm workers placed at a client required to be counted by the client?

  1. Yes, they must be counted

  2. No, they do not need to be counted

  3. Only if they are full-time

  4. Only if there are fewer than 50 employees

The correct answer is: No, they do not need to be counted

Under Title VII of the Civil Rights Act, the requirement for counting employees typically includes those directly employed by the organization. Staffing firm workers placed at a client are considered employees of the staffing agency, not the client, and thus they are not counted in the client’s employee totals for the purpose of determining coverage under Title VII. This distinction is significant, as Title VII applies to employers with a certain number of employees (usually 15) in terms of non-discrimination obligations. Counting only those individuals who are directly on the payroll of the client organization aligns with the principles of Title VII, which seeks to provide protection against discrimination based on race, color, religion, sex, or national origin. As staffing firm workers are not direct employees of the client, they do not factor into the client's employee count for compliance purposes under Title VII.