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CLACKAMAS GASTROENTEROLOGY ASSOCIATES, P.C. v. WELLS

No. 01-1435.

538 U.S. 440 (2003)

CLACKAMAS GASTROENTEROLOGY ASSOCIATES, P. C. v. WELLS.

Supreme Court of United States.

Decided April 22, 2003.

Attorney(s) appearing for the Case

Steven W. Seymour argued the cause for petitioner. With him on the briefs was Andria C. Kelly.

Irving L. Gornstein argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Olson, Deputy Solicitor General Clement, Philip B. Sklover, Lorraine C. Davis, and Robert J. Gregory.

Craig A. Crispin argued the cause and filed a brief for respondent.*

STEVENS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, KENNEDY, SOUTER, and THOMAS, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which BREYER, J., joined, p. 451.

JUSTICE STEVENS delivered the opinion of the Court.

The Americans with Disabilities Act of 1990 (ADA or Act), 104 Stat. 327, as amended, 42 U. S. C. § 12101 et seq., like other federal antidiscrimination legislation,1 is inapplicable to very small businesses. Under the ADA an "employer" is not covered unless its work force includes "15 or more employees for each working day in each...

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