Lerohl v. Friends of Minnesota Sinfonia

Tricia Lerohl and Shelley Hanson (plaintiffs) were regular musicians with the Sinfonia, a group offering free classical concerts, run under the nonprofit Friends of the Minnesota Sinfonia (defendant) with Jay Fishman as director. Fishman scheduled concerts and mailed opportunities to eligible musicians, who could decline any offer or opt out if they found a substitute. Musicians, including Fishman as conductor, were paid a flat per-concert fee set by the local musicians' union, and Fishman was separately paid as a nonprofit employee for his directorial duties. After performing regularly from 1990 to 1999, Lerohl and Hanson stopped receiving concert offers in 1999. Lerohl sued under Title VII, claiming retaliation for a sexual harassment complaint against Fishman, and Hanson sued under the ADA, claiming she was cut after an injury kept her from performing for months. The district court granted summary judgment to the defendants, finding both plaintiffs were independent contractors, not employees, so neither statute applied.