We feedback the newest section court’s offer off conclusion judgment de- novo. Maziarka v. Mills Fleet Ranch, Inc., 245 F.three dimensional 675, 678 (eighth Cir.2001). Bottom line wisdom is appropriate if the evidence, seen for the a white most advantageous into nonmoving class, suggests no genuine problem of procedure reality can be obtained together with swinging people try entitled to view given that a point of laws. Id.; Provided.R.Civ.P. 56(c).

Though the lady responsibilities was indeed both reassigned some other employees of the Lender, reassignment stopped men and women teams out-of carrying out each of their obligations

The ADA pubs employers out-of discerning facing an experienced personal with a handicap because of the handicap of these personal. 42 You.S.C. 12112(a). To ascertain a prima facie circumstances in ADA, the appellant have to introduce one to (1) her position qualifies since a disability beneath the ADA meaning, (2) she actually is qualified to carry out the essential characteristics out-of this lady reputation that have otherwise instead of accommodation, and you will (3) she’s suffered a bad employment action on account of their disability. Fjellestad v. Pizza Hut out of Have always been., Inc., 188 F.three-dimensional 944, 948 (eighth Cir.1999) loans Coats Bend. The Act describes a professional individual which have an excellent disability’ since the a single that have an impairment exactly who, having or without realistic holiday accommodation, may do one particular qualities of your own a career standing one to such individual keeps or wishes.’ Toyota Motor Mfg., Ky., Inc. v. Williams, 534 You.S. 184, —-, 122 S.Ct. 681, 689, 151 L.Ed.2d 615, —- (2002) (quoting 42 U.S.C. 12111(8)). Spangler’s claim under the ADA fails since she’s not found one she is able to do, with or instead rental, the quintessential characteristics of your a career position [she] holds.’ Pickens v. Soo Range R.R. Co., 264 F.three dimensional 773, 777 (eighth Cir.2001) (estimating 42 U.S.C. 12111(8)).

So it court have a couple of times stored you to definitely typical and you will reputable attendance is a required section of extremely services.’ Pickens, 264 F.three dimensional at 777 (estimating Greer v. Emerson Elec. Co., 185 F.three dimensional 917, 921 (8th Cir.1999) and you may Nesser v. Trans Community Airlines, Inc., 160 F.three-dimensional 442, 445 (eighth Cir.1998) and you may citing Moore v. Payless Shoe Source, Inc., 187 F.3d 845, 848 (eighth Cir.1999)). Also, a member of staff that is unable to reach work with good daily basis [is] incapable of see some of the attributes of the job inside matter, way less by far the most of those. Pickens, 264 F.3d at 777 (estimating Moore, 187 F.3d within 848) (adjustment during the completely new).

The latest commitments away from Spangler’s status incorporated providing everyday phone calls, answering questions from other Banking companies off bucks features, and you will finishing deals promptly. Spangler’s absenteeism averted their of creating these types of essential services. In any event, i’ve stored an employer is below zero responsibility so you can reallocate probably the most attributes regarding a position one a qualified private must carry out. Maziarka, 245 F.3d within 681-82 (8th Cir.2001) (carrying an enthusiastic employee’s requested rental having an after make up out of the time skipped having frequent leaves out of lack was not a sensible solution).

We appropriately affirm the new section court’s give regarding realization judgment to the lending company to the Spangler’s ADA allege

Under the FMLA, an eligible worker try permitted several workweeks of hop out throughout people a dozen-times period if she or he have a great really serious health condition that renders brand new staff member struggling to do the attributes of one’s reputation of such worker. 30 You.S.C. 2612(a)(1)(D). The phrase really serious health condition has good intellectual standing that requires (A) inpatient care within the a hospital, medical care, or residential healthcare studio; or (B) proceeded therapy by a health care provider. 30 You.S.C. 2611(11).