Southeast ADA Center
2007
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Plaintiff Tommy Holly worked as a mold polisher for Clairson Industries. Holly’s paraplegia affected his punctuality (usually by a minute or two, occasionally by 30 minutes or more), a factor his employer unofficially accommodated for fifteen years. At the suggestion of a newly-hired employee benefits specialist, Clairson instituted a new “no-fault” attendance policy, where instances of absence or tardiness accrued until they reached a maximum, at which point the employee was discharged. Holly’s supervisors testified that strict punctuality was not essential to Holly’s position and that Holly consistently completed his work and made up any lost time by working late. Holly’s tardy occurrences quickly exceeded the limit and he was terminated. Holly brought suit against his former employer alleging failure to accommodate his disability in violation of the ADA.
https://adasoutheast.org/court-decisions/holly-v-clairson-industries-l-l-c
Keywords: employment, essential function, qualified individual