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PVA in Action: Government Relations

Reprinted from PN December 2002

Supreme Court to Review Another ADA Case

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The United States Supreme Court will review another case under the Americans With Disabilities Act (ADA) employment provisions. Wells v. Clackamas Gastroenterology, Inc. involves the question of whether Clackamas' physician-shareholders should count as part of the threshold 15 or more employees necessary for Clackamas to be covered by ADA as an employer.

The district court determined the physicians were more like partners in the corporation—and therefore employers—than employees. Consequently, the Court dismissed plaintiff Wells's case because without counting the shareholders as employees, Clackamas was not covered by ADA. The United States Court of Appeals reversed and reinstated Wells's case. The Supreme Court must now resolve a conflict in applicable law.

This and other legal/legislative issues concerning people with disabilities are covered in the December 2002 PN/Paraplegia News.

 

To read more about this, order the December 2002 PN, Click Here.
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PVA in Action: Government Relations

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