to Pelech, Klaff-Joss had the final authority to hire the replacement, but Finkel was responsible for interviewing and recommending applicants. Although Pelech had substituted for the elevator starter for close to three years, she was not interviewed for the job, and in July, 1991, Finkel and Davis decided to hire a man.
When Pelech confronted Davis to ask him why she was not considered for the opening, he allegedly informed her that she was "not qualified," and was not the person they were looking for. Cmplt. at P 25. Unsatisfied with this explanation, Pelech telephoned her union representative to complain that she had been denied consideration for the position because of her gender. In addition to calling her union representative in front of management personnel, Pelech openly advertised her conviction that she had been denied the elevator starter position because she was a woman.
In September, 1991, Safeguard Security, Inc. ("Safeguard") assumed Aegis' security contract at 111 West Jackson. Shortly thereafter, Finkel, Davis, and Rowley, the president of Safeguard, summoned Pelech into a meeting and allegedly informed her that unless she "smiled more," she would lose her job. In October, 1991, Pelech was accused of stealing a co-worker's personal calculator. Accordingly, on October 28, 1991, Rowley fired her from her position as security supervisor and dismissed her from Safeguard.
On March 16, 1992, Pelech filed charges of gender discrimination and retaliation against Klaff-Joss, Davis, Crescent, Finkel, Safeguard, and Rowley with the Equal Employment Opportunity Commission ("EEOC"). On October 6, 1992, the EEOC issued a "right to sue" letter.
Crescent, and its Chairman, Finkel, argue that Pelech has failed to allege an employment relationship with them, and therefore cannot recover against them under Title VII. A review of Title VII case law, however, reveals that this contention misses the point. Although courts have held that the Civil Rights Act of 1964 "contemplates some employment relationship," this relationship need not necessarily be solely between the plaintiff and defendant. Thus, despite the fact that Pelech was not directly employed by Crescent or Finkel, in certain circumstances, they still may be held liable under Title VII.
Title VII provides in relevant part:
(a) It shall be an unlawful employment practice for an employer-