Employment & Labor Law
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Clackamas Gastroenterology Associates, P.C. v. Wells
16 Fla. L. Weekly Fed. S229
Plaintiff filed suit alleging violation of the ADA when she was terminated. Employer moved for summary judgment on the ground that it was not a covered employer under the ADA because it had fewer than 15 employees. The case turned on whether four physician shareholders who owned the corporation and constituted its board of directors should have been counted as employees. The Court stated that the common-law element of control/master-servant was the principal guidepost that should have been followed in the case. The Court also endorsed the EEOC standard set forth in the EEOC Compliance Manual
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