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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, Kellin, A.

Jones, Karin, D.

Stoel Rives LLP

Law, Employment

September 1, 2012

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