judgment order on appeal. 2 . Moss v. BMC Software, Inc., 610 F.3d 917, 922 (5th Cir.2010) (citing Threadgill v. Prudential Sec. Grp., Inc., 145 F.3d 286, 292 (5th Cir.1998)). 3 . Fed.R.Civ.P. 56(a). 4 . Compare Fleming v. Yuma Reg'l Med. Ctr., 587 F.3d 938, 939 (9th Cir.2009), cert. denied, 561 U.S. 1006, 130 S.Ct. 3468, 177 L.Ed.2d 1056 (2010) (“[T]he Rehabilitation Act covers discrimination claims by an independent contractor.”) with Wojewski v. Rapid City Reg’l Hosp., Inc., 450 F.3d 338, 345 (8th Cir.2006) (“With respect to Dr. Wojewski’s claims under ... the Rehabilitation Act, we affirm the grant of summary judgment to the defendants because Dr. Wojewski was not an employee of the hospital.”). See also Schrader v. Fred A. Ray, M.D., P.C., 296 F.3d 968, 969-75 (10th Cir.2002) (<HOLDING>); Hiler v. Brown, 177 F.3d 542, 546 (6th
recognizing that an employer is liable for an employees action if the employer knew or should have known about an employees acts of harassment and fails to take appropriate remedial action holding that the rehabilitation act does not incorporate the adas requirement that the employer have fifteen or more employees holding employer was entitled to rely and act upon the written advice from the employees physician holding unconscionable an arbitration agreement requiring employees to arbitrate claims against the employer but not requiring the employer to arbitrate claims against the employees holding that the national parks act does not incorporate state procedural housekeeping rules such as rules of evidence or civil procedure but the act does incorporate outcome determinative state law