In an action for employment discrimination based on plaintiff's disability, summary judgment for defendant is reversed where Section 504 of the Rehabilitation Act, 29 U.S.C. section 794, extends to a claim of discrimination brought by an independent contractor because the Rehabilitation Act covers all individuals "subject to discrimination under any program or activity receiving Federal financial assistance."
Argued and Submitted February 12, 2009
Filed November 19, 2009
Opinion by Judge Bybee
Stephanie M. Marnin, Outten & Golden, L.L.P., Stamford, CT, for the plaintiff-appellant.
Sandra J. Creta, Quarles & Brady L.L.P., Phoenix, AZ