Fleming v. Yuma Reg. Med. Ctr., No. 07-16427

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."

Read Fleming v. Yuma Reg. Med. Ctr., No. 07-16427

Appellate Information

Argued and Submitted February 12, 2009

Filed November 19, 2009

Judges

Opinion by Judge Bybee

Counsel

For Appellant:

Stanley Lubin, Lubin & Enoch, P.C., Phoenix, AZ

Stephanie M. Marnin, Outten & Golden, L.L.P., Stamford, CT, for the plaintiff-appellant.

For Appellees:

Sandra J. Creta, Quarles & Brady L.L.P., Phoenix, AZ