Alaska Employment Law

Does § 504 of the Rehabilitation Act, 29 U.S.C. § 794, extend to a claim of discrimination brought by an independent contractor? The 9th Circuit (per Judge Bybee) says Yes.

In order to answer that question, we must decide whether § 504(d), which refers to “the standards applied under title I of the Americans with Disabilities Act . . . as such sections relate to employment,” incorporates Title I literally or selectively. If Title I is incorporated literally, then the Rehabilitation Act is limited by the ADA and only covers employer-employee relationships in the workplace; if selectively, then the Rehabilitation Act covers all individuals “subject to discrimination under any program or activity receiving Federal financial assistance,” who may bring an employment discrimination claim based on the standards found in the ADA. 29 U.S.C. § 504(a). The Sixth and Eighth Circuits have concluded that Title I is incorporated literally, Wojewski v. Rapid City Reg’l Hosp., 450 F.3d 338 (8th Cir. 2006); Hiler v. Brown, 177 F.3d 542 (6th Cir. 1999), while the Tenth Circuit has concluded that Title I is incorporated selectively.  Schrader v. Ray, 296 F.3d 968 (10th Cir. 2002). We agree with the Tenth Circuit, and conclude that § 504 incorporates the “standards” of Title I of the ADA for proving when discrimination in the workplace is actionable, but not Title I in toto, and therefore the Rehabilitation Act covers discrimination claims by an independent contractor. Accordingly, we reverse the judgment of the district court.

Fleming v. Yuma Regional Medical Center, ___ F.3d ___ (9th Cir. Nov. 19, 2009)