Summary
finding unpredictable and sporadic absences during probationary period of employment indicated that employee could not fulfill an essential function of his employment - presence on the job - that no reasonable accommodation could be made to cure the unpredictable nature of the absences, "[r]equiring the [employer] to accommodate such absences would place upon the [employer] the burden of making last-minute provisions for [plaintiff's] work to be done by someone else" and thus, summary judgment in favor of employer was appropriate
Summary of this case from Brantman v. FortiStar Capital, Inc.Opinion
No. 94-661.
December 5, 1994.
C.A. 2d Cir. Motion of respondents to strike reply brief of petitioner denied. Certiorari denied. Reported below: 23 F. 3d 617.