Disability doesn't protect poor performance or erratic, unexcused absences

In a recent ruling, the 7th Circuit (whose rulings apply to all Illinois, Indiana, and Wisconsin employers) emphasized that a disability neither allows poor performance nor entitles an employee to erratic, unexcused absences. Recognizing regular attendance as a basic requirement of most jobs, the 7th Circuit upheld summary judgment (dismissal without a trial) in favor of the employer when the employee failed to show she was qualified to perform her essential job functions, due in part to unexcused absences.

Facts

Wisconsin Physicians Service Insurance Corporation (WPS) employed Mary Lou Stelter in a sales support role beginning in 2002. In 2010 and 2013, her manager noted in her performance review she was attending personal appointments during work hours. Her manager also noted she needed better familiarity with large group insurance products.

In early 2014, Stelter injured her back while at work and was later cleared to return with no restrictions. After her 2014 performance review indicated improvement was required, WPS placed her on an improvement plan, including changing office locations to enable her to gain more familiarity with insurance products. Beginning in September 2014, her manager began meeting with her weekly to discuss tasks and training needs. The manager's notes from the meetings expressed frustration with her performance, including her continued scheduling of personal appointments during working hours. WPS terminated her in December 2014.