Legal Opinion
Fleming v. Yuma Regional Medical Center
Court of Appeals for the Ninth Circuit
Decided November 19, 2009No. 07-16427PublishedCited by 38 opinions
1Opinion of the Court
BYBEE, Circuit Judge:
This case presents a question of first impression in our court: Does § 504 of the Rehabilitation Act, 29 U.S.C. § 794, extend to a claim of discrimination brought by an independent contractor? 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…
2Cases cited23 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Gross v. FBL Financial Services, Inc.Supreme Court of the United States · 2009
- Constantine v. Rectors and Visitors of George Mason UniversityCourt of Appeals for the Fourth Circuit · 2005
- Federal Express Corp. v. HoloweckiSupreme Court of the United States · 2008
- Barnes v. GormanSupreme Court of the United States · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Faour Fraihat v. US Imm. & Customs EnforcementCourt of Appeals for the Ninth Circuit · 2021
- Cortés-Rivera v. Department of Corrections & RehabilitationCourt of Appeals for the First Circuit · 2010
- Yonemoto v. McDonaldDistrict Court, D. Hawaii · 2015
- Hyundai Motor America v. National Union Fire InsuranceCourt of Appeals for the Ninth Circuit · 2010
- Rochelle Flynn v. Distinctive Home Care, Inc.Court of Appeals for the Fifth Circuit · 2016
33 more not listed; retrieve them via the Exa API.