Clackamas Gastroenterology Assoc. P.C. v. Wells case brief notes

Clackamas Gastroenterology Assoc. P.C. v. Wells case brief notes

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1. Clackamas Gastroenterology Assoc., P.C. v. Wells (SC 2003) 
   1. Question is whether doctors who are shareholders in medical practice are EEs for deciding whether ADA covers the business.
   2. SC rejects “economic realities” test in favor of EEOC guidelines which focus on control over shareholder/director.
      1. Whether business can hire or fire the individual or set rules and regulations of individual’s work
      2. Extent business supervises individual’s work
      3. Whether individual reports to someone higher
      4. Whether individual can influence the business
      5. Whether parties intended individual to be an EE based on written agreements or Ks
      6. Whether individual shares in profits, losses and liabilities
   3. Remands for ct to apply these factors. Basically just Darden test (is individual in control of their own work situation?)
   4. Ginsberg dissent: Control shouldn’t make a difference. For ADA coverage should look at size of entire business, counting everyone
2. How would this apply to a law firm w/ partners and associates?
   1. This is a very fact specific test
   2. Would have to look at compensation structure of the firm – is it an amount set by management committee or based on formula where partners can have more control/influence over how much they make?      

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