Strong & Hanni’s employment law and appellate practice groups secured a recent victory in the Tenth Circuit Court of Appeals for firm client Grant Trucking in Bowles v. Grant Trucking, LLC, —Fed.Appx.—. When Grant Trucking was sued for alleged violations of the Americans with Disabilities Act, the trial court granted summary judgment and ruled that the company did not have enough employees for the ADA to apply. Mr. Bowles challenged that decision on appeal, arguing that the trial court should have counted certain employees of Grant Trucking’s parent company towards the ADA’s 15-employee threshold. Grant Trucking responded that the court correctly determined that the parent company was not a proper party and that Bowles failed to overcome the strong presumption that a parent company is not an employer of its subsidiary’s employees. It also argued that the single-employer theory urged by Mr. Bowles inappropriately subjected the parent company to liability given the facts of the case. The Tenth Circuit affirmed, rejecting Mr. Bowles‘ invitation to apply the single-employer test to Grant Trucking and its parent company. Michael Stanger represented Grant Trucking and Scarlet Smith joined him on the appellate brief.
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