Legal Opinion
Samper v. PROVIDENCE ST. VINCENT MEDICAL CENTER
Court of Appeals for the Ninth Circuit
Decided April 11, 2012No. 10-35811PublishedCited by 160 opinions
1Opinion of the Court
OPINION
McKEOWN, Circuit Judge:
This case tests the limits of an employer’s attendance policy. Just how essential is showing up for work on a predictable basis? In the case of a neo-natal intensive care nurse, we conclude that attendance really is essential.
Monika Samper, a neo-natal intensive care unit (“NICU”) nurse, sought an accommodation from her employer, Providence St. Vincent (“Providence”), that would have allowed her an unspecified number of unplanned absences from her job. She wanted to opt out of Providence’s attendance policy, which sanctioned five unplanned absences of unlimited…
2Cases cited20 opinions
- St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
- US Airways, Inc. v. BarnettSupreme Court of the United States · 2002
- Mary M. Tyndall v. National Education Centers, Incorporated of California, T/a Kee Business College Campus National Education Centers, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
- Bates v. United Parcel Service, Inc.Court of Appeals for the Ninth Circuit · 2007
- Carolyn Humphrey v. Memorial Hospitals AssociationCourt of Appeals for the Ninth Circuit · 2001
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3Cited by160 opinions
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- Edna Doak v. Jeh JohnsonCourt of Appeals for the D.C. Circuit · 2015
- Exby-Stolley v. Board of County CommissionersCourt of Appeals for the Tenth Circuit · 2020
- Janet Kotaska v. Federal Express CorporationCourt of Appeals for the Seventh Circuit · 2020
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