Clackamas Gastroenterology Test for “Employee? Applies to ADEA Claims.

The plaintiff in this case worked for a 501(c)(3) that?? operated?? a?? local?? public?? access?? cable television station.??? ?He claimed he was discriminated against on the basis of disability and age. ?The district court held the employer did?not? have? 15? employees? and? the? Ninth? Circuit agreed. ?Although the Supreme Court?s Clackamas Gastroenterology decision arose only under the ADA,? the? panel? held? that? the? same? standards should apply under the ADEA. Under Clackamas Gastroenterology?? neither?? the?? members?? of?? the Board?? of?? Directors?? of?? the?? station?? nor?? its independent program producers were employees. Fichman v. Media Center, 512 F.3d 1157 (9th Cir.?2008) (Thomas, Roth sitting by design., Callahan)