Alexander v. Avera St. Luke's Hospital, No. 13-2592 (8th Cir. 2014)
Annotate this CasePlaintiff, a pathologist, filed suit against Avera, alleging that Avera violated federal and state laws for terminating a Services Agreement. Plaintiff filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq.; the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621 et seq.; the Family Medical Leave Act (FMLA), 29 U.S.C. 2617 et seq.; and the South Dakota Human Relations Act (SDHRA), S.D. Codified Laws 20-13-1 et seq. The court affirmed the district court's grant of summary judgment dismissing all of plaintiff's claims because plaintiff was an independent contractor of St. Luke's Hospital under his Services Agreement and not an employee.
Court Description: Civil case - Employment Discrimination. Plaintiff, a doctor providing pathological services to the defendant hospital, was an unprotected independent contractor and not an employee for purposes of his ADA, ADEA and FMLA claims, and the district court did not err in granting defendant summary judgment on those claims; similarly, plaintiff was an independent contractor and not an employee for purposes of his claims under the South Dakota Human Rights Act.
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