A policy allowing an individual to work from home does not vitiate the fact that punctuality and predictable attendance are essential functions of a position. According to the 7th U.S. Circuit Court of Appeals, an employee’s ongoing tardiness – although numerous modifications had been made to her schedule and workload to allow flexibility in
Most employers recognize the fact that in addition to federal anti-discrimination laws, state and local laws – which often are more expansive – must be taken into account when making disciplinary and termination decisions related to protected individuals.
In a case decided under New York state laws, that state’s highest court reversed summary judgment for
