With no explanation, chose the best option from "A", "B", "C" or "D". access to other hospital facilities was not relevant to Title VII Pao, 547 F.Supp. at 494. 28 . In Pao the court placed the word "employers” within quotation marks, thus indicating that a common law employment relationship is not required between the physician and her patients. Indeed we note that the common law independent contractor/employee test is often not applied to antidiscrimination legislation, because "it is considered inconsistent with the remedial purposes behind such legislation.” Mares v. Marsh, 777 F.2d 1066, 1067 n. 1 (5th Cir.1985) (citing cases). Instead, other, less restrictive tests such as the “economic realities” test or a hybrid of that test are used. See id. (citing cases using these other tests); see also EEOC v. Dowd & Dowd, Ltd., 736 F.2d 1177 (7th Cir.1984) (<HOLDING>). We note that a later case involving a motion

A: holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property  damage claims
B: holding that the fact that the defendant maintained employment records was insufficient to establish that she was a joint employer under the economic reality test
C: holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract
D: recognizing the economic realities test
D.