Age discrimination: a look at recent state court decisions -- and what those decisions mean for dentist employers

Article Abstract:

Dentists should know that employees who have been fired can still sue on the grounds of discrimination even if the dental practice is small. Many state anti-discrimination laws only apply to businesses with more than 15 or 20 employees. The number of employees varies depending on the state, but the point was to exempt small businesses from anti-discrimination laws. But the Maryland Supreme Court ruled that a woman could sue her former employer for sex discrimination even though the business had fewer than 15 employees.

Age discrimination

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Disabled physician denied licensure: Supreme Court to rule on whether doctor may sue under AwDA

Article Abstract:

The US Supreme Court has agreed to review the case of a doctor who was not licensed by the state of California on the grounds that he had a mental illness. The doctor sued the state in federal court using the Americans With Disabilities Act (AwDA). However, the 11th amendment to the Constitution prohibits Americans from using a federal law to sue a state unless the state waives its immunity or Congress does so when it passes the law. The Supreme Court will determine whether Congress did that when it passed AwDA.

Government regulation, California, Offices & clinics of medical doctors, Physicians & Surgeons, Offices of Physicians (except Mental Health Specialists), Physicians, Medical professions, Disabled persons, Licensing agreements, Licensing, certification and accreditation, Medical Board of California

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Are shareholders employees of professional corporations? Supreme Court ruling could subject some larger dental practices to AwDA employment discrimination laws

Article Abstract:

The US Supreme Court in April, 2003, ruled that some professional corporations may be liable under the Americans with Disabilities Act if their shareholders can be considered employees. The federal act only applies to employers who have 15 or more employees. Dentists should also remember that some local and state laws against employment discrimination apply no matter how small the business is.

United States, Professional corporations

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