compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). While the ADA protects “employees,” the Act does not protect independent contractors. Lerohl, 322 F.3d at 489. We have said “Congress adopted a circular definition of ‘employee’ — an employee is an ‘individual employed by an employer.’ ” Id. (citing 42 U.S.C. §§ 2000e(f), 12112(4)). In determining whether a person is an employee or an independent contractor, the Supreme Court instructs us to consider the following nonexhaustive list of factors from the Restatement (Second) of Agency § 220(2) (1958): In determining whether a hired party is an employee under the general common law of agency, we consider the hiring party’s right to control the manner and 270, 271 (5th Cir.1988) (<HOLDING>). Applying the relevant tests to these facts,
holding that surgeon with surgical privileges was not an employee of hospital and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964 holding that title vii of the civil rights act of 1964 provides the exclusive remedy for claims of employment discrimination by federal agencies holding that physician with staff privileges is not an employee and thus cannot bring claim under title vii of 1964 civil rights act holding that physician was an independent contractor and thus could not sue hospital under title vii of the civil rights act of 1964 holding that anesthesiologist whose staff privileges were terminated was not a hospital employee and thus could not bring suit under either the age discrimination in employment act or title vii of the civil rights act of 1964