News & Analysis as of

Attendance Disability

Ogletree, Deakins, Nash, Smoak & Stewart,...

Absence Does Not Make the Heart Grow Fonder: Texas Court Holds Attendance Issues Can Preclude Disability Claims

In Wolf v. Lowe’s Companies, Inc., No. 4:16-CV-01560 (March 13, 2018), United States District Judge Alfred H. Bennett of the Southern District of Texas granted Lowe’s motion for summary judgment on a former sales employee’s...more

Pullman & Comley - Labor, Employment and...

How Important is Attendance at Work?

The answer seems obvious. The employer must decide what hours of work are best for producing its products or serving its customers, and employees must maintain regular and reliable attendance during those hours. In fact,...more

Sherman & Howard L.L.C.

EEOC Targets Another “No-Fault” Attendance Policy

On Friday, the EEOC filed a lawsuit against AutoZone targeting the company’s “no fault” attendance policy because of its negative impact on disabled employees requesting accommodations. The suit, EEOC v. Autozone, Inc., No....more

Levenfeld Pearlstein, LLC

EEOC Files Suit Alleging Attendance Policy Failed To Accommodate Disabled Employees

On Friday, the EEOC filed suit against AutoZone, alleging that the car repair company violated the Americans With Disabilities Act by applying its attendance policy in a way that failed to accommodate certain...more

Winstead PC

N.D. of Texas – Attendance is an Essential Job Function

Winstead PC on

The Northern District of Texas has issued a fantastic opinion for employers concerning a recurring question under the ever evolving Americans with Disabilities Act (“ADA”). Specifically, whether attendance can be an essential...more

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