While some employers provide “telecommuting” and other alternative workplace options, many employers either want or need their employees to be physically present at a given worksite. The Ninth Circuit recently held that while disabled employees are entitled to reasonable workplace accommodations, regular and reliable in-person attendance can be required when it relates to the performance of essential functions of the job.
In Samper v. Providence St. Vincent Medical Center, a hospital worker argued that the medical center where she was employed failed to accommodate her fibromyalgia by refusing to allow her to regularly call in sick on short notice. The court concluded that her position as neonatal nurse required her to reliably appear for work at her scheduled shift times because she could not otherwise perform her job functions and her absence was too disruptive to the medical center’s operations.
In a different factual setting, the outcome could be different. The court noted that the employer had the burden of demonstrating why on-site attendance was an essential job function (which is a higher standard than a mere employer preference), which might be tied to obligations to work as part of a team, required face-to-face interactions with clients or required use of computer/technology systems that can only be accessed at a designated work site. However, many employees can perform their primary job functions from home or other locations which can then trigger an obligation to accommodate potentially “irregular” attendance, at least in circumstances where the company can withstand such “irregularity” without causing undue hardship.
This information is intended to be educational and should not be considered legal advice on any specific matter.
For information on the affirmative action services offered by THOMAS HOUSTON associates, inc., please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.
In Samper v. Providence St. Vincent Medical Center, a hospital worker argued that the medical center where she was employed failed to accommodate her fibromyalgia by refusing to allow her to regularly call in sick on short notice. The court concluded that her position as neonatal nurse required her to reliably appear for work at her scheduled shift times because she could not otherwise perform her job functions and her absence was too disruptive to the medical center’s operations.
In a different factual setting, the outcome could be different. The court noted that the employer had the burden of demonstrating why on-site attendance was an essential job function (which is a higher standard than a mere employer preference), which might be tied to obligations to work as part of a team, required face-to-face interactions with clients or required use of computer/technology systems that can only be accessed at a designated work site. However, many employees can perform their primary job functions from home or other locations which can then trigger an obligation to accommodate potentially “irregular” attendance, at least in circumstances where the company can withstand such “irregularity” without causing undue hardship.
This information is intended to be educational and should not be considered legal advice on any specific matter.
For information on the affirmative action services offered by THOMAS HOUSTON associates, inc., please call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.
