Supreme Court of the United States
Clackamas Gastroenterology Associates, P. C. v. Wells
April 22, 2003538 U.S. 440
Summary
The Supreme Court held that the common-law agency test governs whether shareholder-directors of a professional corporation qualify as 'employees' under the ADA's coverage threshold. The Court reversed the Ninth Circuit's holding that corporate status precludes such an inquiry and remanded for application of EEOC factors focusing on control. Justice Ginsburg, dissenting, would affirm the Court of Appeals, arguing the physician-shareholders function as employees.