9th Circuit Rules for Temporary Workers Rights in Discrimination Suits

9th Circuit Widens Split on Rights of Independent Contractors

Tresa Baldas
The National Law Journal
November 30, 2009

The federal courts were already divided over the rights of independent contractors to sue for discrimination. The split widened this month when the U.S. Court of Appeals for the 9th Circuit ruled that a doctor whose contract was terminated after a hospital learned of his sickle cell anemia can sue under the Rehabilitation Act.

The 9th Circuit on Nov. 19 reversed a lower court ruling, which concluded that the Rehabilitation Act covers only employer-employee relationships and not claims by an independent contractor. "[T]here is no need to 'extend' the Rehabilitation Act; its language is broad enough to cover employees and independent contractors alike," the appeals court said.

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Gary Phelan, the plaintiffs attorney in Fleming v. Yuma Regional Medical Center (pdf), sees the case as a significant win for independent contractors. "The number of people being hired as independent contractors is rapidly expanding. But other than entitlement to overtime, they really have no rights," said Phelan of Outten & Golden in Stamford, Conn.

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According to Phelan, anesthesiologist Lester Fleming entered into an agreement to work at Yuma Regional Medical Center in 2005. Prior to his starting the job, the hospital learned through a reference check that Fleming had sickle cell anemia and, Phelan claimed, discharged Fleming when he refused to sign a contract addendum stating that he would not need any special accommodations due to his medical condition.

"It's unlawful," Phelan argued. "Asking a person with a disability to say, as a condition of employment, you have to agree that we don't have to accommodate you -- that's a violation of the law."

[...]

http://www.law.com/jsp/article.jsp?id=1202435862625