Title VII Applicability

Although we didn't cover this issue in detail, I think it is important to note who exactly is protected by Title VII. The article "Ex-Partner's Lawsuit Highlights Title VII Issues", discusses whether or not partners are considered as "employees" under Title VII. In making this decision, the article states that the courts will examine the claimant's "role as partner and the amount of management control she had in her job at the large firm". The article implies from this test that the larger the firm, the more likely the court is to hold that an employer-employee relationship existed. If this conclusion is correct, it would seem the courts are giving firms incentive to stay small if they wish to discriminate against their partners. Is this ok? Should Title VII responsibilities extend to other types of working relationships like partnerships?