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ARTICLE · 04 APRIL 2024

"This Case Illustrates Why The Americans With Disabilities Act (ADA) Exists."

Imagine being an employer-defendant and reading that sentence as the lede in a court's summary judgment opinion.

United StatesEmployment and HR

Imagine being an employer-defendant and reading that sentence as the lede in a court's summary judgment opinion.

Ouch!

But that's precisely what an Indiana federal judge wrote about a defendant who fired an employee after it appeared to the company that the worker had amassed too many absences related to his hereditary, chronic condition that causes kidney stones to develop.

The company apparently followed its employee handbook, which included an attendance policy. Per the policy, any unexcused absence, tardy, or leave early accrued a point, and the company would terminate any employee accruing seven attendance points in a year.

By all accounts, the employee was a good worker. He had several absences from work, only one unrelated to his kidney issues. I'll tell you about two that did.

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