The Filutowski Law Firm, PLLC

According to a recent 9th Circuit Federal Court of Appeals decision, Fleming v. Yuma Regional Medical Center, independent contractors are now protected by the federal Rehabilitation Act.  This Act prohibits the contracting paying party from discriminating against its independent contractor based upon a known disability.  The 9th Circuit applies to Washington, Oregon, Idaho, Alaska, Nevada, Montana and California

Legally distinguishing between an employee and an independent contractor is a matter of a full set of protections v. almost none.  Employees are afforded full protections of American With Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Title VII and applicable state anti-discrimination laws.  Independent contractors only are afforded the right to overtime pay, when overtime hours are worked.

In this recent case: Plaintiff Lester Fleming, an anesthesiologist, entered into an agreement to work at Yuma Regional Medical Center in 2005.  Prior to Fleming’s first day on the job, the medical center learned via a reference check that Fleming had sickle cell anemia.  They consequently requested that Fleming sign an addendum to his contract stating he would not need any special accommodations due to his medical condition.  Fleming refused to sign and was subsequently discharged.

With this new opinion in the 9th Circuit, independent contractors in the applicable states may not be discriminated against for a disability by the individual or entity paying their wage.