Two nuns walk into … a courthouse? That may not be how the joke goes, but it’s why the U.S. Court of Appeals for the Sixth Circuit recently was called on to remove uncertainty around what constitutes a volunteer in Marie v. American Red Cross, according to Dustin Carlton of Bass, Berry & Sims.
The plaintiffs, two nuns who volunteered for the American Red Cross and the Ross County Emergency Management Agency, alleged the nonprofits fired them on account of their religious beliefs, thus violating the law. To determine whether the plaintiffs were volunteers or employees who could be terminated, the Sixth Circuit applied the common-law test for agency, analyzing benefits, “paths to employment” and whether they were required to work on a fixed schedule, among other factors.
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