· 11/4/1997
Charles Swallows, Teresia Walker, and Vickie Heidel v. Barnes & Noble Book Stores, Inc., State of Tennessee
Citations
- 128 F.3d 990
- 7 Am. Disabilities Cas. (BNA) 806
- 1997 U.S. App. LEXIS 30304
- 72 Empl. Prac. Dec. (CCH) 45,086
- 75 Fair Empl. Prac. Cas. (BNA) 346
- 1997 WL 690843
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “Title VII, the ADEA, and the ADA define ‘employer’ essentially the same way”
- noting that there can be circumstances in “which a defendant that does not directly employ a plaintiff may still be considered an ‘employer’ under [the ADA]”
- finding no evidence of control over labor relations be cause one company had no authority to hire or fire employees at the other
- applying the integrated enterprise doctrine under the Age Discrimination in Employment Act and American with Disabilities Act
- stating that, under the ADEA and ADA, if “the person or entity that took the allegedly illegal employment action was acting as the agent of another company,” then that company may be liable for its agent’s illegal actions as the plaintiffs’ employer.
- distinguishing the right to require the removal of a contractor’s employee from their assignment from the decision to fire the plaintiff or make other final decisions regarding their employment
Source: CourtListener parenthetical corpus (CC0).
Judges: Norris, Batchelder, Aldrich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.