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in a 7-2 decision, the justices reversed a 9th Circuit ruling that four physician-shareholders of a medical clinic were employees for purposes of a suit filed against the clinic under the Americans With Disabilities Act (ADA). Clackamas Gastroenterology Assocs. v. Wells, No. 01-1435. The physicians had argued that the clinic was not covered by the act because it did not have the minimum required number of employees. In the absence of a statutory definition of “employee” within the ADA, the high court looked to the definition used by the Equal Employment Opportunity Commission. It concluded that under the EEOC’s definition, the shareholders would be considered employees. Acknowledging that the district court’s findings appeared to weigh in favor of the opposite result, the justices remanded for further proceedings. Stevens’ opinion was joined by Rehnquist, O’Connor, Thomas, Souter, Kennedy and Scalia. Breyer and Ginsburg dissented.

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