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Rios v. Dept. of Education, 2d Cir., No. 08-1262-cv, unpublished, November 2, 2009

Articles Discussing Case:

Attendance at Work is an Essential Function of the Job in Most Instances.

Ogletree Deakins • December 29, 2009
In an unpublished opinion, the 2d U.S. Circuit Court of Appeals has held that an employee of the New York City Department of Education could not establish a prima facie case of disability discrimination, because she could not prove herself to be “otherwise qualified” within the meaning of the Americans with Disabilities Act (ADA).
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