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ADA & FMLA: Absence does not make the heart grow fonder

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in Employment Law,FMLA Guidelines,Human Resources

A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

The case is Wolf v. Lowe’s Companies, Inc. (SD TX, 2018). In March, the trial judge dismissed a lawsuit filed by a former salesperson who alleged disability discrimination and failure to accommodate under the ADA, as well as retaliation under the FMLA. The court held that the plaintiff had failed to establish a prima facie case under the ADA because her excessive absenteeism and tardiness prevented her from being qualified to perform her job.

Excessive absences, tardiness

Tamara had worked as a sales specialist for Lowe’s for approximately nine years, beginning in March 2005.

On several occasions from Nov-ember 2005 through December 2013, she received written warnings and nega...(register to read more)

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