United States Ninth Circuit

In an action against a nonprofit organization raising claims under the Age discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA), summary judgment for defendant is affirmed where: 1) directors of a nonprofit organization or independent volunteer producers may not be considered employees within the meaning of the statutes; and 2) consequently, plaintiff failed to raise a genuine issue of fact as to whether defendant had the sufficient number of employees to be considered an "employer" within the meaning of the statutes.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• THOMAS, Circuit Judge:, Before:  JANE R. ROTH,SIDNEY R. THOMAS, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey A. Dickerson;  Reno, NV, for the appellant.


• For Appellees:
  
• Gary A. Cardinal and Brent L. Ryman;  Erickson, Thorpe & Swainstone, Ltd.;   Reno, NV, for the appellee.