9th Cir. Weighs On-Time Arrival as Essential for Job in ADA Case

June 17, 2021, 10:17 PM

A federal appeals court in Alaska wrestled with whether getting to work on time was an essential element of a medical technician’s job, a key issue for employees seeking flexible schedules because of disabilities.

A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit heard oral argument Thursday in Heather Cooper’s bid to revive her lawsuit against Dignity Health, which operates the Phoenix hospital that fired her in 2013 for excessive tardiness after rejecting her request to arrive 10 to 15 minutes after the company’s morning clock-in time.

“I would find it difficult to second guess that ...

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