Alexander v. Avera St. Luke’s Hosp. — Sept. 2014 (Summary)

DISCRIMINATION

Alexander v. Avera St. Luke’s Hosp.
No. 13-2592 (8th Cir. Sept. 30, 2014)

The United States Court of Appeals for the Eighth Circuit affirmed a lower court’s dismissal of a pathologist’s claims brought under the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, and the state Human Relations Act. In dismissing the claims, the court held that the pathologist was not covered under these statutes because he was an independent contractor, not an employee.

The pathologist had contracted with the hospital to provide pathological services beginning in 1994. Consistent with the contract, the pathologist was to be a member of the hospital’s medical staff and adhere to the hospital’s bylaws and procedures. The initial and all of the subsequent contracts explicitly stated that the pathologist was an independent contractor.

The hospital terminated the contract with the pathologist in 2011 and entered into an employment contract with two new pathologists. According to the opinion, the pathologist had suffered a heart attack in 2008, had undergone heart surgery in 2009, and was hospitalized for bipolar disorder in 2010.

The hospital sought to dismiss the various discrimination claims against it. The lower court determined that the pathologist was not an employee of the hospital, but was an independent contractor, and dismissed the claims because the statutes do not protect independent contractors. The pathologist appealed.

The court affirmed the lower court’s ruling, holding that no reasonable jury would find that the pathologist was an employee. The hospital had no right to control the manner in which the pathologist rendered his services, including his work schedule or hiring of assistants. Furthermore, the agreement explicitly referred to him as an independent contractor, he received no employment benefits, and he reported his income as a self-employed independent contractor.