We have all heard the old adage “time is money,” but what if an employee’s disability affects his ability to show up for work on time? This issue was recently addressed in Albright v. Trustees of the University of Pennsylvania, No 19-00149, 2019 U.S. Dist. LEXIS 180654 (E.D. Pa. Oct. 18, 2019), where the court clarified that, in the context of the Americans with Disabilities Act (ADA), whether “predictable and punctual attendance” constitutes an essential function of a job largely depends on the specific nature of the job itself.

The Issue of Chronic Tardiness

Keith Albright began working for Penn Health as a clinical audiologist in 2013. Albright worked scheduled shifts, meeting with patients from the hours of 8 a.m. to 4:30 p.m. five days a week. At the time, he worked in both the University City audiology department in Philadelphia and the audiology department in Radnor, Pennsylvania. His job performance was well-regarded, especially as it pertained to patient-care satisfaction.