From The National Law Review, Rachel L. Berry discusses a recent case in which a physician at a hospital was an independent contractor because the hospital did not exercise control over the doctor’s conduct. Rachel writes:
On May 8, 2019, the U.S. Seventh Circuit Court of Appeals reaffirmed its test to determine whether a worker qualifies as an “employee” as defined by and subject to Title VII protections.
In this case, the plaintiff was a physician who maintained practice privileges at defendant Hospital. Most of her revenue came from the work she performed at the Hospital, and the Hospital subjected her to peer-review proceedings. Nevertheless, the Court ruled that she was not an “employee” of the Hospital for purposes of Title VII, but was instead an independent contractor.
…
The Court emphasized that the most important factor is the employer’s right to control the worker’s conduct and performance. While acknowledging that a physician who enjoys hospital staff privileges could share an indirect employer-employee relationship with a hospital sufficient to invoke Title VII protection, the Court ultimately held that subjecting the plaintiff to peer review did not meet the necessary control threshold to create an employee-employer relationship with the Hospital.
Read the full story at Physician not a Hospital “Employee” for Title VII Purpose
