Directors And Producers Of Non-Profit Cable Channel Were Not Employees Under ADA Or ADEA
The Cable Communications Policy Act of 1984 authorizes local governments' cable franchising authorities to require cable operators to set aside cable channels for “public, educational or governmental use.” These channels, typically called “PEG” or “Community Access” channels, are often operated by nonprofit organizations. Community Access operators allow citizens and local organizations to produce their own television shows for broadcast. Community Access channels also typically broadcast local governmental meetings and other community events.
The Media Center is an independent, nonprofit corporation. It operates a Community Access Channel in Reno and Sparks, Nevada. Like most Community Access Channel operators, Media Center broadcasts local government meetings and programming supplied by independent producers.
Fred Fichman served as Executive Director of Media Center from July 8, 2002 until he was terminated from the position on December 1, 2003. During that period, Media Center did not have fifteen or more paid employees except for one two-week span of time. During that period, there were approximately eighty independent producers who supplied broadcast content, but received no compensation from Media Center. Also during that period, Media Center was governed by a nine-member Board of Directors, the members of which were not compensated by Media Center.
After his termination, Fichman sued Media Center, alleging violations of the Age Discrimination in Employment Act (“ADEA”) and the Americans with Disabilities Act (“ADA”).
The district court granted Media Center's motion for summary judgment, holding that it lacked subject matter jurisdiction because Media Center employed fewer than the twenty employees necessary for an employer to be governed by the ADEA, and fewer than the fifteen employees necessary for an employer to be governed by the ADA.
On appeal, the 9th Circuit affirmed, holding that: (1) the members of the board of directors were not “employees” under the ADA or ADEA; (2) the independent program producers were not “employees” under the ADA or ADEA; and (3) consequently, Media Center did not have the statutory minimum number of employees required by the ADA and ADEA.
Fichman v. Media Center
The 9th Circuit Court of Appeals’ jurisdiction includes California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska and Hawaii.