Recent decisions from the Second, Fifth, and Eighth Circuit Courts of Appeals exemplify the growing consensus amongst courts that even employees with a disability are generally required to comply with company attendance policies. While employers may need to provide leave as a reasonable accommodation, many courts generally agree that regular, reliable attendance is an essential function of most jobs within the meaning of the Americans with Disabilities Act (โADAโ).
Home > Federal Law Articles > Disability Discrimination > Essential Functions > Appellate Courts Agree: Regular, Reliable Attendance Is Essential Function of Most Jobs