ADA Lawsuit Possibly Squelched Based on Low Employee Numbers

Topics:
Disabilities,
Human Capital
Tags:
Americans With Disabilities Act,
Americans With Disabilities Act (ADA),
Business & Legal Reports,
Gender And Diversity,
Human Resources,
Lawsuit
Source:
Business & Legal Reports

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Overview: United States Supreme Court examined whether four director-shareholder physicians should be subject to a lawsuit filed under the Americans with Disabilities Act (ADA) (Clackamas Gastroenterology Associates, P.C. v. Wells, No. 01-1435, Decided: 04/22/03). The issue was whether the four director-shareholder physicians should be counted as ""employees."" Deborah Anne Wells worked as a bookkeeper for the medical clinic, Clackamas Gastroenterology Associates, P.C., from 1986 until 1997. After her termination, she brought an action against the clinic alleging unlawful discrimination on the basis of disability under Title I of the ADA. The medical clinic denied that it was covered by the Act arguing that it did not have 15 or more employees for the 20 weeks required by the statute. This article focuses on six factors that inquiries whether a shareholder-director is an employee.

(Is this item miscategorized? Does it need more tags? Let us know.)

Format: HTML | Date: Apr 2003 | Pages: 1


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