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Dupre v. Charter Behavioral Health Systems of Lafayette Inc.

An employee who has the ability to sit or stand in one place for up to one hour at a time is not substantially limited in the major life activities of standing and sitting.

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The full case caption appears at the end of this opinion.

Facts and Proceedings Below

Dupre was employed by Charter in the newly-created position of “Mobile Assessment Coordinator” (MAC) from July 1, 1997until July 18, 1997. The essential functions of the MAC position included working eight hours a day, five days a week, as wellas being on call twenty-four hours a day (which was alternated between Dupre and Jennifer Nichols, another employee). TheMAC position was designed to respond to requests from outside medical providers for psychological assessments of theirpatients and to provide referrals for psychological hospitalization. Dupre has training in both business and psychotherapy-shehas a masters degree in psychology and has completed some course work towards an MBA degree.

Dupre was late on two of the thirteen working days she was employed, absent on two days, and left work early on two days.Dupre suffered from a back condition known as “degenerative disc disease and degenerative facet joint disease.” Dupre’scondition required her to leave work early on July 1, 1997 for a follow-up medical visit in connection with a surgery sheunderwent on June 23, 1997. In addition, Dupre missed work on July 9 and July 17, 1997, in order to have follow-up surgicalprocedures performed on her back. Dupre obtained prior authorization from her supervisors at Charter for both absences.Dupre was also late to work twice. On one occasion, she phoned her supervisor in the morning and informed him she would belate due to pre-operative lab work that needed to be completed. On the other occasion Dupre had no explanation for herabsence other than she had “messed up” her schedule. Finally, Dupre’s immediate supervisor witnessed Dupre experiencingdiscomfort with her back on one occasion and permitted her to leave work early.

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