On November 19, 2009, the 9th Circuit Court of Appeals held that The Rehabilitation Act applies to an anesthesiologist hired by a medical center as an independent contractor. The decision was made in Fleming v. Yuma Reg’l Med. Ctr.. At issue was whether section 504(d) of the Act, which makes reference to the Americans with Disabilities Act (ADA), incorporates all of Title I of the ADA or just the “standards.” Citing the broad language of the Act, the Court held that Congress intended to the Act to be more expansive than the ADA. The Court also noted that “Congress did not use language of incorporation when it referred to the ADA in § 504.” This interpretation is in line with the 10th Circuit.
Other courts have taken a different approach. The 6th and 8th circuits have held that the Act should be read to incorporate all of Title I of the ADA thereby excluding independent contractors. With a split among the circuits, perhaps we’ll see this on the Supreme Court’s docket before long.
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