The 9th Circuit on Nov. 19 reversed a lower court ruling, which concluded that the Rehabilitation Act covers only employer-employee relationships and not claims by an independent contractor. “[T]here is no need to ‘extend’ the Rehabilitation Act; its language is broad enough to cover employees and independent contractors alike,” the appeals court said.
While this was a case of first impression in the 9th Circuit, the decision creates a 2-2 split in the circuits on the issue. The 9th and 10th circuits now agree that the Rehabilitation Act can cover discrimination claims by an independent contractor. The 6th and 8th circuits have found that independent contractors are not covered, holding that the Rehabilitation Act incorporates the Americans with Disabilities Act’s restricted coverage of direct employer-employee relationships.
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