Defining Independent Contractor Protection Under the Rehabilitation Act

Hamline Law Review, Vol. 34, p. 435, 2011

33 Pages Posted: 17 Feb 2012

See all articles by Lindsay N. Mongenas

Lindsay N. Mongenas

affiliation not provided to SSRN

Richard A. Bales

Ohio Northern University - Pettit College of Law

Date Written: February 14, 2012

Abstract

The federal circuits currently are split over whether the Rehabilitation Act protects independent contractors from employment discrimination. Some courts have held that it does not, reasoning that the Rehabilitation Act’s incorporation-by-reference from title I of the Americans with Disabilities Act of “[t]he standards used to determine whether this section has been violated” also incorporated the ADA’s limitation of protection to employees only. Other courts have held that the ADA “standards” incorporated into the Rehabilitation Act include only the substantive standards for determining what conduct violates the Rehabilitation Act, not the definition of who is covered. This Article argues that the latter interpretation is more persuasive, both because it is most consistent with the Rehabilitation Act’s statutory language and because it is consistent with the expanded protection afforded to disabled employees under the Americans with Disabilities Act Amendment Act (ADAAA).

Keywords: rehabilitation, disability, independent, contractor, employee, ADAAA

Suggested Citation

Mongenas, Lindsay N. and Bales, Richard A., Defining Independent Contractor Protection Under the Rehabilitation Act (February 14, 2012). Hamline Law Review, Vol. 34, p. 435, 2011. Available at SSRN: https://ssrn.com/abstract=2005397

Lindsay N. Mongenas

affiliation not provided to SSRN ( email )

Richard A. Bales (Contact Author)

Ohio Northern University - Pettit College of Law ( email )

525 South Main Street
Ada, OH 45810
United States
419-772-2205 (Phone)

HOME PAGE: http://law.onu.edu/node/3073

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