The U.S. Court of Appeals for the Third Circuit adopted a test set out by the U.S. Supreme Court to determine whether or not a person is an employee of a professional corporation for the purposes of the Americans with Disabilities Act to the same determination for a Title VII claim against a closely held company.
Both the ADA and Title VII of the Civil Rights Act contain the same vague definition of "employee," according to the Third Circuit’s opinion in a case stemming from allegations of religious discrimination lodged by the former vice president and secretary against his family’s business.
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