A musician regularly played the French horn for a non-profit corporation that provides free classical music concerts

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A musician regularly played the French horn for a non-profit corporation that provides free classical music concerts to inner-city public schools and other disadvantaged groups. The musicians are all professionals. They are union members and are paid on a per-concert basis at union scale. Each year, the musicians are contacted to determine if they agree to play the series of concerts that has been scheduled. Musicians are free to perform elsewhere and can opt out of particular concerts if they provide prior notice and arrange an acceptable substitute. However, in order to remain a “regular” who is invited to play at most or all of the group’s concerts, musicians must “accept the vast majority of the work.” The corporation does not withhold income or Social Security taxes. No benefits or paid leave are provided except for contributions to the union administered pension fund. The French horn player sued for disability discrimination when she was not offered work after being absent to recover from injuries. The corporation says that she was an independent contractor and not covered by the ADA. What should the court decide?
Corporation
A Corporation is a legal form of business that is separate from its owner. In other words, a corporation is a business or organization formed by a group of people, and its right and liabilities separate from those of the individuals involved. It may...
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