1. The court articulates several elements that could make attendance an essential job function. What are these elements and which do you perceive were critical to its determination in this case?

2. If Samper had quantified the number of absences she would require, though still unplanned, would the court have found her accommodation to be reasonable?

3. Under what circumstances could you imagine that regular or on-site attendance would not be considered an essential function for a position? If as an employer you wish to ensure that attendance is considered an essential function, how could you do so?

Issue: Did Samper’s attendance failure mean she was unable to perform the essential functions of her position as a neonatal intensive care unit nurse?

Facts: Employee Monika Samper, who suffered from fibromyalgia, was terminated from her position as a neonatal intensive care unit nurse when her absences exceeded her employer’s unplanned absence limit and after a history of “general problems with attendance.”

Decision: The lower court held that the termination did not violate ADA policies. The court also held that Samper was not qualified for the position since she was unable to adhere to the hospital’s attendance policy, and therefore it granted summary judgment in favor of the hospital.