Fleming v. Yuma Regional Medical Center
Filed November 19, 2009
Cite as 07-16427

Rehabilitation Act covers Independent Contractors

Dr. Lester Fleming (Fleming) was an anesthesiologist suffering from sickle cell anemia. When he applied for a position as an anesthesiologist at Yuma Regional Medical Center (Yuma), the latter told him that it could not accommodate his operating room and call schedules.

Consequently, Fleming declined to accept this condition of employment and cancelled the contract.

Subsequently, Fleming filed a suit for breach of contract of employment and employment discrimination against Yuma. He alleged violation of § 504 of the Rehabilitation Act.

Yuma moved for summary judgment which the district court granted. The court ruled that independent contractors like Fleming were not protected by the Rehabilitation Act.

On appeal, the United States Court of Appeals for the Ninth Circuit reversed the district court’s decision.

Being a case of first impression, the appeals court ruled that the Rehabilitation Act covered independent contractors. It further stated that Section 504 was not limited to employers and employees defined in Title I of the Americans with Disabilities Act (ADA) but it also applied to independent contractors and entities that hire them.

Moreover, the scope of Rehabilitation Act was broader than the ADA. In fact, it covered any qualified individual who has been “excluded from the participation in, or denied the benefits of, or otherwise subjected to discrimination under any program or activity receiving Federal financial assistance.”