While itâs true that acts of generosity sometimes backfire on those who offer them, the Courtâs ruling in Higgins v. Union Pac. R.R. Co., No. 18-1902 (8th Cir. July 24, 2019) shows this is not always the case. In Higgins, the Eighth Circuit affirmed summary judgment for Union Pacificâholding that regular, reliable attendance was an essential function of Higginsâ position despite the fact that Union Pacific accommodated Higginsâ poor attendance for over a decade.
Home > Federal Law Articles > Disability Discrimination > Reasonable Accommodation > Employerâs Good Deed Goes UnpunishedâReliable Attendance Is Essential Function Despite Prior Accommodation of Employeeâs Absences