by James M. Barrett, Esq., Ogletree Deakins
In a case that tested the limits of an employer’s attendance policy, a nurse who had requested an accommodation that would have excused her from her employer’s five unplanned absences limit has lost her appeal and won’t have her case reinstated.
The 9th Circuit Court of Appeals upheld the dismissal of the nurse’s lawsuit.
It said that, given the importance of regular attendance for nurses, the hospital where she worked established that compliance with its attendance policy was an essential job function. Because the ADA doesn’t require employers to make accommodations that would exempt an employee from an essential job function, she wasn’t entitled to special treatment.
“Because regular attendance is an essential function of a neonatal nursing position,” the court affirmed judgment against the employee. The case is Samper v. Providence St. Vincent Medical Center (No. 10-35811, 9...(register to read more)
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