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Attendance Really Is Essential: The Ninth Circuit Confirms That Hospital Attendance Policies Need Not Be Ignored Under the ADA

First few Article Sentences

Providence St. Vincent Medical Center (“Providence”) in Portland, Oregon faced a common dilemma regarding one of the nurses employed in its neo-natal intensive care unit (“NICU”). Year after year, Monika Samper’s absences from work greatly surpassed the number of absences allowed under Providence’s attendance policy. But Samper, who suffered from fibromyalgia, unquestionably constituted a “qualified individual with a disability” under the Americans with Disabilities Act (“ADA”). Faced with balancing its obligations to provide safe and consistent patient care and its legal obligations to accommodate Samper’s disability, Providence spent years attempting to craft a workable solution for Samper’s poor attendance. Finally, however, Providence terminated Samper’s employment.

Curran, Keelin, A.

Jones, Karin, D.

Stoel Rives LLP

Law, Employment

August 7, 2012

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