I’ve been meaning to write about the recent 9th Circuit decision in Samper v. Providence St. Vincent Medical Center (pdf). The decision said that attendance is an essential function of the job for a nurse working in the neo-natal intensive care unit of a hospital. But with all the other developments of the past couple of weeks, I didn’t get to it.
Don’t think that the Ninth Circuit’s going conservative on us by suggesting employees have to come to work. The Court seemed pretty impressed by the fact that, if the plaintiff was a no-show, bad things could happen to sick babies. But it’s a start!