A surgeon worked as part of the medical staff at a hospital. The surgeon leased his own office space, scheduled his own operating room time, employed and paid his own office staff, billed patients directly, received no benefits, and did not receive tax documents (W-2 or 1099) from the hospital. The doctor performed all of his surgeries at this hospital and could use its nurses and other staff to assist in the treatment of patients. Medical staff membership required the doctor to follow medical staff bylaws, keep medical records, attend an orientation program, participate in continuing education programs, and agree to take calls from the emergency room. After the doctor was diagnosed with and treated for bi-polar disorder, he was reinstated with numerous conditions. These included submitting to close review of all of his surgical cases, meeting periodically with a monitoring physician, and providing extensive personal and medical information. When the surgeon subsequently had an acute manic episode while performing open-heart surgery, his medical staff privileges were rescinded. He sued for disability discrimination and the hospital argued that he was an independent contractor. What should the court decide?