Labor and Employment Law——Determining Employee Status for Evolving Business Associations Under the Americans with Disabilities Act——Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003)

The Americans with Disabilities Act (ADA) aims to protect individuals with disabilities by providing a legal remedy against discrimination.  The ADA, however, does not apply to small businesses of fewer than fifteen employees that would otherwise be heavily burdened by the expense of defending against discrimination actions.  In Clackamas Gastroenterology Associates, P.C. v. Wells, the Supreme Court of the United States addressed the issue of what constitutes an ““employee”” for determining whether a business association qualifies for the small business exemption under the ADA.  The Court relied upon the common-law element of control as the guidepost for analyzing an employee’’s true status and rejected any approach based solely upon the labels attached to the individual within the business association. . . .