Dr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as an emergency room physician at Mercy Medical Center in Iowa. The Agreement was for one year and could be renewed for an additional year unless terminated by either party with 90 days notice. LCEM provided professional liability insurance for Glascock, but no benefits or vacation pay. The agreement guaranteed Glascock 15 shifts per month at an hourly rate of $130. Glascock submitted her monthly availability and scheduling preferences to LCEM, and LCEM assigned shifts. She also remained free to engage in other professional activities. Glascock filed her own self-employment tax returns. The Agreement gave LCEM no control or direction over the method or manner by which Glascock performed her professional services and duties. As the attending physician at Mercy Medical Center, she selected a patient’s chart and reviewed it, determined the appropriate course of action, and then met with the patient. She received no instruction on how to examine, treat, or diagnose patients. At the end of Glascock’s first year under the Agreement, LCEM terminated her. Glascock brought suit, claiming violations of Title VII and the Iowa Civil Rights Act, due to discrimination based on sex, pregnancy, and national origin. Does Glascock have a claim under Title VII? [Glascock v. Linn County Emergency Medicine, PC, No.12-1311 (8th Cir. 2012).] The Court determined that Glascock was an independent contractor and not an employee. Hence, Glascock was not eligible to bring suit under Title VII or the Iowa Civil Rights, both of which, prohibits discrimination based on race, color, religion, or national origin but independent contractors are not protected under either. Does she have a Title VII claim? Yes/no, and why so? Apply an Independent Contractor / Employee analysis to her situation. Which is she? Why? 300 word minimum. 2 respones are required (min 50 words each), and both responses should be to posts that are contradictory (the opposite point of view) of your own assertions. Cite as appropriate Post with fact / law / precident, not emotion / experience / reflection.
Dr. Pooneh Hendi Glascock, a female physician of Iranian origin, entered an “Independent Contractor Physician Service Agreement” with Linn County Emergency Medicine (LCEM) in May 2007 to work as an emergency room physician at Mercy Medical Center in Iowa. The Agreement was for one year and could be renewed for an additional year unless terminated by either party with 90 days notice. LCEM provided professional liability insurance for Glascock, but no benefits or vacation pay. The agreement guaranteed Glascock 15 shifts per month at an hourly rate of $130.
Glascock submitted her monthly availability and
At the end of Glascock’s first year under the Agreement, LCEM terminated her. Glascock brought suit, claiming violations of Title VII and the Iowa Civil Rights Act, due to discrimination based on sex, pregnancy, and national origin. Does Glascock have a claim under Title VII? [Glascock v. Linn County Emergency Medicine, PC, No.12-1311 (8th Cir. 2012).]
The Court determined that Glascock was an independent contractor and not an employee. Hence, Glascock was not eligible to bring suit under Title VII or the Iowa Civil Rights, both of which, prohibits discrimination based on race, color, religion, or national origin but independent contractors are not protected under either.
- Does she have a Title VII claim? Yes/no, and why so?
- Apply an Independent Contractor / Employee analysis to her situation. Which is she? Why?
- 300 word minimum.
- 2 respones are required (min 50 words each), and both responses should be to posts that are contradictory (the opposite point of view) of your own assertions.
- Cite as appropriate
- Post with fact / law / precident, not emotion / experience / reflection.
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