Can You Require An Employee To Be At Work?
By Ruder Ware Alumni
May 20, 2014
I am often asked whether attendance at work can be considered an essential requirement of a particular job. Logic would suggest the answer to that question, but of course, court decisions would suggest differently.
A recent decision by the 9th Circuit Court of Appeals related to an employee who suffered a serious medical condition that limited the employee s sleep and caused chronic pain. The employee sought to be relieved from the strict attendance policy of her employer. When the company did not provide extra accommodation, the employee sued under the Americans with Disabilities Act. The 9th Circuit Court of Appeals held that the company was required to show that attendance was an essential function of the job, but the Court also acknowledged a number of prior court cases that held that an employee must be at work in order to be part of a team. The Court ultimately held that because of the nature of the job performed by the employee, the employee must be at work. The Court did acknowledge that other jobs could be viewed differently if the job could be performed from home or there was not an established requirement for teamwork with other employees in order for the job to be properly performed.
Employers must be careful when establishing attendance policies to make sure they are reasonably related to the jobs being performed by each of its employees.
Back to all News & Insights
Disclaimer
The content in the following blog posts is based upon the state of the law at the time of its original publication. As legal developments change quickly, the content in these blog posts may not remain accurate as laws change over time. None of the information contained in these publications is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. You should not act upon the information in these blog posts without discussing your specific situation with legal counsel.
© 2024 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.