Disability Law Index - Employment: Covered Entities

Statutes:

42 U.S.C. § 12111(2); 29 C.F.R. 1630.2(b) - Definitions - Covered Entities

The term covered entity means an employer, employment agency, labor organization, or joint labor-management committee.

42 U.S.C. § 12111(5); See also 29 C.F.R. § 1630.2(e) - Definitions - Employer

(A) In general - The term ''employer'' means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter (from July 26, 1992 through July 25, 1994), an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.

(B) Exceptions - The term ''employer'' does not include -

(i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe;
(ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of title 26.

Regulations:

29 C.F.R. § 1601.2 - Terms defined in title VII of the Civil Rights Act and the Americans with Disabilities Act.

The terms person, employer, employment agency, labor organization, employee, commerce, industry affecting commerce, State and religion as used in this part shall have the meanings set forth in section 701 of title VII of the Civil Rights Act of 1964. The term disability shall have the meaning set forth in section 3 of the Americans with Disabilities Act of 1990.

Case Law:

Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003).

  • There was some confusion on whether the individual physician-owners of a doctor’s group qualified as an employee for the purposes of the ADA. The requirements of Title I apply when an employer has 15 or more employees.
  • Must look at a variety of factors before deciding whether a person qualifies as an employee for the purposes of the ADA.
    • Whether the organization can hire or fire the individual or set the rules and regulations of the individual's work
    • Whether and, if so, to what extent the organization supervises the individual's work
    • Whether the individual reports to someone higher in the organization
    • Whether and, if so, to what extent the individual is able to influence the organization
    • Whether the parties intended that the individual be an employee, as expressed in written agreements or contracts
    • Whether the individual shares in the profits, losses, and liabilities of the organization.
  • The mere fact that a person has a particular title--such as partner, director, or vice president should not necessarily be used to determine whether he or she is an employee or a proprietor

Satterfield v. Tennessee, 295 F.3d 611 (6th Cir. 2002).

  • A contract physician had notified Satterfield's employers that Satterfield was not qualified for his job. As a result, his employers had fired him.
  • Physicians (who are not employers) are not covered entities under Title I. Satterfield should have pursued a remedy against his employers themselves.