In its holding in Clackamas Gastroenterology Associates, Inc. v. Wells, the Supreme Court left open the possibility that physician-shareholders who own a professional corporation and constitute its board of directors could be considered employees within the meaning of the ADA. The ADA applies to employers with more than 15 employees. The Court reasoned that guidelines from the Equal Employment Opportunity Commission (EEOC) regarding who is an employee are relevant to this inquiry and remanded to the district court for consideration in light of factors set forth in the EEOC guidelines. Justice Stevens wrote the opinion, in which all joined but Justices Ginsberg and Breyer, who dissented. See Clackamas, No. 01-435 2003, U.S. LEXIS 3240 (Apr. 22, 2003)
In its holding in Clackamas Gastroenterology Associates, Inc. v. Wells, the Supreme Court left open the possibility that physician-shareholders who own a professional corporation and constitute its board of directors could be considered employees within the meaning of the ADA. The ADA applies to employers with more than 15 employees. The Court reasoned that guidelines from the Equal Employment Opportunity Commission (EEOC) regarding who is an employee are relevant to this inquiry and remanded to the district court for consideration in light of factors set forth in the EEOC guidelines. Justice Stevens wrote the opinion, in which all joined but Justices Ginsberg and Breyer, who dissented. See Clackamas, No. 01-435 2003, U.S. LEXIS 3240 (Apr. 22, 2003)
