ADA--covered entities--shareholder-directors as employees. Clackamas Gastroenterology Associates v. Deborah Wells

Control is the touchstone for determining whether an individual is an employee for the purpose of determining if a business entity is a "covered entity" subject to Americans with Disabilities Act (ADA). Thus, if shareholder-directors operate independently and manage the business, they are proprietors and not employees, but if they are subject to the firm's control, they are employees. All the incidents of the relationship must be considered with no one factor being decisive. The Equal Employment Opportunity Commission's (EEOC's) six relevant factors provide the guidelines.