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CILECEK v. INOVA HEALTH SYSTEM SERVICES

No. 96-1317.

115 F.3d 256 (1997)

James W. CILECEK, M.D., Plaintiff-Appellant, v. INOVA HEALTH SYSTEM SERVICES; Emergency Physicians of Northern Virginia, Limited; Thom A. Mayer, M.D., individually and in his capacities as Chairman of the Department of Emergency Medicine of Fairfax Hospital, Inova Health System Services and as President of Emergency Physicians of Northern Virginia, Limited; Joan Miles, R.N., individually, and in her capacity as Administrator of Access Emergency Care of Reston, Inova Health System Services, Defendants-Appellees, Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1997.

Attorney(s) appearing for the Case

ARGUED: Lois G. Williams, Howrey & Simon, Washington, DC, for Appellant. Paul Charles Skelly, Hogan & Hartson, L.L.P., Washington, DC, for Appellees. ON BRIEF: Moira T. Roberts, Howrey & Simon, Washington, DC, for Appellant. Jonathan T. Rees, Hogan & Hartson, L.L.P., Washington, DC; Hogan & Hartson, McLean, VA, for Appellees Emergency Physicians and Mayer; Anthony J. Trenga, Michael L. Zupan, Hazel & Thomas, Alexandria, VA, for Appellees Inova Health System and Miles. C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Jennifer S. Goldstein, Equal Employment Opportunity Commission, Washington, DC; Deval L. Patrick, Assistant Attorney General, Isabelle K. Pinzler, Deputy Assistant Attorney General, Dennis J. Dimsey, Eileen Penner, United States Department of Justice, Washington, DC, for Amicus Curiae.

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ joined. Judge MURNAGHAN wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

We must decide in this case whether Dr. James W. Cilecek, a physician under contract to provide emergency medical services at two hospitals, was an employee covered by Title VII of the Civil Rights Act of 1964 or an independent contractor...

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