Independent Contractor May Bring Discrimination Claim Under Rehabilitation Act: Fifth Circuit | Practical Law
In Flynn v. Distinctive Home Care, Inc., the US Court of Appeals for the Fifth Circuit held, as a matter of first impression, that an independent contractor may bring an employment discrimination suit under the Rehabilitation Act of 1973 and that the Rehabilitation Act does not incorporate the Americans with Disabilities Act's (ADA) requirement that a plaintiff be classified as an employee.