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Flynn v. Distinctive Home Care, Inc.i

Articles Discussing Case:

Federal Contractor Alert From the 5th Circuit: Disability Plaintiffs Need Not Be Employees

Ogletree Deakins • March 07, 2016
In a case of first impression, the Fifth Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 permits employment discrimination suits by independent government contractors. In Flynn v. Distinctive Home Care, Inc., the court held that unlike the Americans with Disabilities Act (ADA), the Rehabilitation Act did not require that the defendant be the plaintiff’s “employer.”

Fifth Circuit Grants New Protections to Independent Contractors

XpertHR • February 12, 2016
The 5th Circuit Court of Appeals has ruled for the first time that Section 504 of the Rehabilitation Act authorizes employment discrimination lawsuits filed by independent contractors. The appellate court's ruling in Flynn v. Distinctive Home Care, Inc.is significant in its finding that the Rehabilitation Act offers broader protection than Title I of the Americans with Disabilities Act (ADA). The 5th Circuit covers Texas, Louisiana and Mississippi.