Affiliated businesses with at least 15 employees may be single employer for ADA purposes

The Americans with Disabilities Act (ADA) applies only to employers with 15 or more employees. Even when an organization has a smaller number of workers, however, an individual can file an ADA claim by showing the business is part of an “integrated enterprise” that together has at least 15 employees.

In the following case, the U.S. 9th Circuit Court of Appeals (which covers California) considered whether two separate but affiliated law firms owned and controlled by the same attorneys could be considered an integrated enterprise, based on an analysis of four specific factors commonly used in interpreting other federal antidiscrimination laws. If so, the number of employees in both offices would be counted in determining whether the firms collectively had at least 15 employees and were subject to the ADA.

Attorney sues employer for ADA discrimination, retaliation

Amy Buchanan began working for Watkins & Letofsky LLP, a Nevada law firm, as a full-time associate in April 2016 but resigned in September of the same year because of health issues resulting from an auto accident. She returned to work there in December 2016 with the understanding that the firm would accommodate her medical condition by reducing her work commitment to 20 hours per week. Instead, she claimed she was required to work more than 20 hours per week.