Douglas J. Buckles v. First Data Resources, Inc., a Nebraska Corporation
Court of Appeals for the First Circuit
1Opinion of the Court
BEAM, Circuit Judge.
First Data Resources, Inc., (First Data) appeals the denial of its motion for judgment as a matter of law following a jury verdict in favor of former employee Douglas J. Buckles. Buckles, who has sinusitis, was fired from his job and alleges his termination violates the Americans with Disabilities Act (ADA). 42 U.S.C. §§ 12101-12213. First Data argues, inter alia, that Buckles was not qualified to perform the essential functions of his job since he was excessively absent, and further, that he did not advance a reasonable accommodation. We agree and reverse.
I. BACKGROUND
In…
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