1. Which test did the Court apply to determine whether the Sisters were employees and thereby merit the protections of employment discrimination laws?
2. Can you think of any public policy reasons why Title VII should be interpreted or amended to require employers to consider some or all volunteer workers as employees?

Issue: Whether two Catholic nuns’ volunteer relationship with the American Red Cross approximated employment, which would then afford the nuns protection under Title VII and the Ohio Civil Rights Act and protect them from termination based on their religious beliefs.

Facts: Appellants Sister Michael Marie and Sister Mary Cabrini are traditional Catholic Nuns and part of the Order of the Missionaries of the Sacred Heart. As such, the Sisters wear habits and crosses and hold some beliefs that are distinct from the Roman Catholic Church. Sister Marie and Sister Cabrini indicate that, as an expression of their devotion to God and in the practice of their traditional Catholic faith, they have dedicated their lives to assisting the poor and serving the good of the community. The Sisters have no insurance, and neither has had any personal income for a decade prior to the filing of this suit. They live together with another adult in a home in Clarksburg, Ohio, where the Order of the Missionaries of the Sacred Heart provides for their needs.

In addition to performing various functions for the Missionaries of the Sacred Heart, the Sisters also serve as volunteers for certain community organizations including the First Capital District Chapter of American Red Cross and the Ross County Emergency Management Agency (RCEMA).