Carey
Carey v. Local 612 International Union of Operating Engineers
Opinion
Lead Opinion
MEMORANDUM **
Suzanne Carey appeals pro se the dismissal of her action against her former employer and her labor union, alleging violations of the Americans with Disabilities Act (ADA), violations of the collective bargaining agreement, and breach of her union’s duty of fair representation. We affirm.
*565 DISCUSSION
The ADA bars employment discrimination “against a qualified individual with a disability____” 42 U.S.C. § 12112 (a). The Act does not apply, however, to every employer. Rather, the ADA, “like other federal antidiscrimination legislation, is inapplicable to very small businesses.” See Clackamas Gastroenterology Assocs. v. Wells, 538 U.S. 440, 441 , 123 S.Ct. 1673 , 155 L.Ed.2d 615 (2003) (footnote omitted). As the Supreme Court noted, “[u]nder the ADA an ‘employer’ is not covered unless its work force includes '15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.’ ” Id. at 441-42 , 123 S.Ct. 1673 (quoting 42 U.S.C. § 12111 (5)). Here, Carey did not allege or otherwise assert that her employer had 15 or more employees. Accordingly, we affirm the dismissal of Carey’s ADA claims.