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SAMPER v. PROVIDENCE ST. VINCENT MEDICAL CENTER

No. 10-35811.

675 F.3d 1233 (2012)

Monika SAMPER, Plaintiff-Appellant, v. PROVIDENCE ST. VINCENT MEDICAL CENTER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 11, 2012.

Attorney(s) appearing for the Case

Thomas K. Doyle , Bennett, Hartman, Morris & Kaplan LLP, Portland, OR, for the plaintiff-appellant.

Jeffrey J. Druckman , Janine C. Blatt , Druckman & Blatt, P.C., Portland, OR, for the defendant-appellee.

Before: RALPH B. GUY, JR., M. MARGARET McKEOWN, and RICHARD C. TALLMAN, Circuit Judges.

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...

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