to be the agent of a publicly traded company if the publicly traded company directs and controls the employment decisions. For example, in Kalkunte v. DVI Fin. Servs., Inc., No.2004-SOX-56 (ALJ July 18, 2005), a non-publicly traded company, AP Services, was hired to operate a publicly traded company, DVI Financial Services, through bankruptcy. AP Services was deemed an agent of DVI Financial Services because AP Services’ main principal acted as DVI’s Chief Executive Officer, and admitted that he had made the decision to fire the claimant. Id. at 7. In other cases, the non-publicly traded company has been found to be almost inseparable from the publicly traded company, or subject to the same internal controls. See Morefield v. Exe-lon Servs., Inc., No.2004-SOX-2 (ALJ Jan. 28, 2004) (<HOLDING>); but see Powers v. Pinnacle Airlines, Inc.,
holding that a nonpublicly traded subsidiary of a covered employer could be held liable holding that employer may be held liable under  1981 for discrimination by supervisory employee holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability holding that parent corporation could not be held liable for any acts of whollyowned subsidiary although boards of directors of the two corporations overlapped in all other respects corporation had not disregarded subsidiarys corporate separateness had not involved itself directly in management of subsidiary and had not otherwise dominated or controlled subsidiary holding that employer who failed to take remedial action could be held liable for sexual harassment of employee by subcontractors employees