FLYNN v. DISTINCTIVE HOME CARE, INC.

No. 15-50314.

812 F.3d 422 (2016)

Rochelle FLYNN, Plaintiff-Appellant v. DISTINCTIVE HOME CARE, INCORPORATED, doing business as Distinctive Healthcare Staffing, Incorporated, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 1, 2016.


Attorney(s) appearing for the Case

Robert Chris Pittard (argued), Forte & Pittard, P.L.L.C., San Antonio, TX, for Plaintiff-Appellant.

Michael David McQueen , Kemp Smith, L.L.P., El Paso, TX, Paul W. Mengel, III (argued), Nichole De Vries Atallah, Esq. , Litigation Counsel, Piliero Mazza, P.L.L.C., Washington, DC, for Defendant-Appellee Distinctive Home Care, Incorporated, doing business as Distinctive Healthcare Staffing, Incorporated.

James Michael Kimbell, Esq. , Attorney, Katherine T. Garber, Esq. , Strasburger & Price, L.L.P., Houston, TX, for Defendant-Appellee Spectrum Healthcare Resources, Incorporated.

Dara S. Smith, Esq. (argued), Daniel B. Kohrman , Senior Attorney, AARP Foundation Litigation, Washington, DC, for Amicus Curiae American Association of Retired Persons.

Brian D. East , Senior Attorney, Disability Rights Texas, Austin, TX, for Amicus Curiae Disability Rights Texas.

Before DAVIS, BARKSDALE, and DENNIS, Circuit Judges.


In this case, we must decide whether Section 504 of the Rehabilitation Act authorizes employment discrimination suits by independent contractors. We conclude that it does. We therefore vacate the district court's judgment in part and remand for further proceedings.

I.

The parties do not dispute the...

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