Cengage Advantage Books: Law for Business 19th Edition by John Ashcroft,Katherine Ashcroft,Martha Patterson

Exercise 22

Monika Samper, a neonatal intensive care unit (NICU) nurse at Providence St. Vincent Medical Center (Providence) had a condition that limited her sleep and caused her chronic pain. She never worked full-time but still had more unplanned absences than Providence allowed for full-time employees. Providence allowed Samper to call in when having a bad day and to move her shift to another day in the week. Even though NICU nurses require special training, thus limiting the pool of nurses who can be called in at the last minute, it did not require her to find a replacement. Since NICU nurses' absences can jeopardize patient care, Providence scheduled Samper's two shifts per week on non-consecutive days. At the end of the year, she received a warning because her absences were still excessive. Each year, she also had extended leaves that did not count against the unplanned absence limit. Providence ultimately fired her. She sued the hospital, claiming violation of the ADA because of Providence's failure to accommodate. Samper argued that regular attendance was not an essential function of a NICU nurse's job. What should the court rule?