Excessive Absenteeism Negates ADA Claim

Posted on Fri, Dec 16, 2011

In a recent decision, the federal First Circuit Court of Appeals dismissed an employee’s claim for disability discrimination under the Americans with Disabilities Act (ADA). The employee was unable to show that she was a qualified individual with a disability under the ADA because the employee failed to satisfy an essential job function — attendance. Colón-Fontánez v. Municipality of San Juan, 660 F.3d 17 (1st Cir. 2011).

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Tags: ADA, absenteeism, Excessive Absenteeism