Taylor-Novotny v. Health Alliance Medical Plans, Inc.

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in action under Americans With Disabilities Act, alleging that defendant terminated plaintiff on account of her multiple sclerosis, after defendant had concluded that plaintiff displayed history of being tardy at work and had falsified documents by inflating number of work-related calls to customers and had failed to timely complete her work projects. Plaintiff’s attendance problems precluded her from establishing that she was performing her job in acceptable manner. Moreover, plaintiff did not establish any failure to accommodate claim, where her proposed accommodation of swiping card to register her presence at work could not satisfy defendant’s legitimate reporting requirements that were drafted to address need for plaintiff to explain reasons for her late arrivals/absences.