OUR FIRM  •  OUR ATTORNEYS  •  OUR LOCATIONS  •  DIVERSITY  •  SEMINARS  •  NEWS  •  RESOURCES  •  SCHOLARSHIPS  •  CONTACT US

Independent Contractors May Bring Employment Discrimination Claims Under Section 504

December 2009

In Fleming v. Yuma Regional Medical Center (9th Cir. Nov. 19, 2009, No. 07-16427) __ F.3d __ [2009 WL 3856926], the Ninth Circuit Court of Appeals held that Section 504 of the Rehabilitation Act (“Section 504”) gives independent contractors the right to bring employment discrimination claims.  Section 504 creates a private right of action for disability discrimination in any program or activity receiving federal financial assistance.  Until now, only employees, not independent contractors, had standing to sue for employment discrimination under Section 504.  Thus, this case significantly expands the scope of individuals protected under Section 504 to include independent contractors.

The case involved an anesthesiologist who, as an independent contractor, applied for a contract position with the Yuma Regional Medical Center (“Yuma”).  Yuma offered the anesthesiologist a contract position but refused to accommodate his medical condition, which necessitated a specific operating room and call schedule.  The anesthesiologist declined the position and initiated suit against Yuma for employment discrimination under Section 504. 

Yuma argued that Section 504 only covers employer-employee relationships in the workplace.  As such, the anesthesiologist was not protected under Section 504 because he was an independent contractor.  The Court disagreed.  It held that the language in Section 504 is “broad enough to cover employees and independent contractors alike.”

Because the Court’s decision opens the door to more employment discrimination claims, school districts should ensure that they provide their independent contractors, as well as their regular employees, with all required accommodations under Section 504.

If you have any questions regarding this case, please do not hesitate to contact one of our four offices.

F3 NewsFlash prepared by Elizabeth Mori and Emily Sugrue.
Elizabeth is a partner in the F3 Oakland office.
Emily is an associate in the F3 Oakland office.

This F3 NewsFlash is a summary only and not legal advice.  We recommend that you consult with legal counsel to determine how this case may apply to your specific facts and circumstances.  Information on a free NewsFlash subscription can be found at www.fagenfriedman.com.

© 2009 Fagen Friedman & Fulfrost, LLP

All rights reserved, except that the Managing Partner of Fagen Friedman & Fulfrost, LLP hereby grants permission to any client of Fagen Friedman & Fulfrost, LLP to use, reproduce and distribute this NewsFlash intact and solely for the internal, noncommercial purposes of such client.