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9th Circ. Says Surgeon’s Contractor Status Bars His Bias Suit

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Says Surgeon’s Contractor Status Bars His Bias Suit

9th Circ. Says Surgeon’s Contractor Status Bars His Bias Suit

Law360 (August 17, 2020, 5:21 PM EDT) — A Hawaii surgeon can’t bring a bias suit against a medical center where he performed on-call procedures because he is an independent contractor and not an employee, a Ninth Circuit panel has ruled.

In a published decision Friday, the panel found that Dr. David E. Henry, who is white, could not file a Title VII complaint for racial discrimination and retaliation against Adventist Health Castle Medical Center, upholding a Hawaii federal court’s summary judgment dismissal of his suit.

“Henry was paid, taxed, and received benefits like an independent contractor, and these factors weigh in favor of treating him as one,” wrote…

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