The U.S. Court of Appeals for the Tenth Circuit has ruled that a request for open-ended leave by a casino worker whose absences violated the casino’s no-fault attendance policy was not a reasonable accommodation under the Americans with Disabilities Act (ADA). In Davis v. PHK Staffing, the Tenth Circuit upheld a federal trial court’s grant of summary judgment for the casino. It did not consider arguments in a friend-of-the court brief from the Equal Employment Opportunity Commission (EEOC), which asserted that a jury could find that intermittent leave would have allowed the worker to perform her essential job functions.
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