May 10, 2012


Exemption From Attendance Policy Not a Reasonable Accommodation

When is showing up for work on a predictable basis an essential function of the job? In the case of a neonatal nurse, the Ninth Circuit sensibly held that, “attendance really is essential.”

The nurse missed enough work to consistently exceed or surpass the number of unplanned absences allowed by the hospital’s attendance policy. She said her medical condition caused her to miss work, and asked to be exempted from the attendance policy as an accommodation for her disability. The court ruled that the Americans with Disabilities Act (ADA) did not obligate the hospital to reasonably accommodate a neonatal nurse’s request to “opt out” of its attendance policy. Samper v. Providence St. Vincent Medical Center, 2012 WL 1194141 (9th Cir. 2012)

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Crazy Excuses for Being Late to Work

Some people seem to run perpetually late. They’re late for dinner. They’re late for social engagements. Of course, they’re also late for work.

In a 2012 survey from CareerBuilder, 16 percent of workers reported they arrive late to work once or more per week, and 27 percent of workers reported arriving late to work at least once per month.

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