Train Dispatcher’s Failure-to-Accommodate Claim Derailed by Excessive Absenteeism

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Courts have consistently found regular employee attendance can be an essential function for certain positions that employers don’t have to eliminate in the name of providing an accommodation under the Americans with Disabilities Act (Act). In other words, ignoring absences when regular attendance is an essential function wouldn’t be a reasonable accommodation. The U.S. 5th Circuit Court of Appeals (which has jurisdiction over Mississippi employers) recently came to the same conclusion but also found the need for frequent, irregular absences without notice can prevent employees from being qualified individuals with a disability entitled to an accommodation in the first

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