Fifth Circuit: Perry v. VHS San Antonio Partners

 

Although the hospital had the authority to order the physicians' group to terminate the services of one of its employees providing services at the hospital, that single fact is insufficient to present a genuine issue of material fact for trial on the question of whether the two enterprises were sufficiently integrated to create liability under the act.

The two entities also, as a matter of law, were not joint employers of the plaintiff, as the hospital did not have the power to hire, the plaintiff set his own schedule, and the two enterprises were not economically integrated.

Plaintiff did not have a contractual relationship with the hospital sufficient for a S1981 claim, and the two entities were sufficiently distinct to establish that he wasn't a contractor of the hospital.



Perry v. VHS San Antonio Partners