We feedback the fresh section court’s offer regarding realization view de novo. Maziarka v. Mills Collection Ranch, Inc., 245 F.3d 675, 678 (eighth Cir.2001). Summation wisdom is suitable when the research, viewed for the a white very positive on nonmoving class, shows zero genuine dilemma of point fact is present while the moving party are permitted wisdom since the a question of law. Id.; Provided.R.Civ.P. 56(c).

Although this lady obligations were often reassigned with other professionals of one’s Financial, reassignment averted those individuals personnel off undertaking each of their obligations

The fresh new ADA bars businesses regarding discerning up against a professional private with a disability by the handicap of these individual. 42 You.S.C. 12112(a). To determine a prima facie case according to the ADA, the new appellant must introduce that (1) the woman status qualifies due to the fact a handicap beneath the ADA meaning, (2) she’s qualified to do the very important qualities out-of the girl position that have otherwise instead of holiday accommodation, and you will (3) she’s got sustained an adverse a position action on account of this lady handicap. Fjellestad v. Pizza Hut of Was., Inc., 188 F.3d 944, 948 (eighth Cir.1999). The brand new Work describes an experienced individual which have a beneficial disability’ due to the fact a single with a disability which, having otherwise as opposed to practical accommodation, can perform the quintessential qualities of your a career condition one to such private retains otherwise wants.’ Toyota System Mfg., Ky., Inc. v. Williams, 534 U.S. 184, —-, 122 S.Ct. 681, 689, 151 L.Ed.2d 615, —- (2002) (estimating 42 You.S.C. 12111(8)). Spangler’s allege in ADA goes wrong because the she’s perhaps not found one to this woman is able to perform, having or instead of housing, more services of the employment position [she] keeps.’ Pickens v. Soo Range R.Roentgen. Co., 264 F.three dimensional 773, 777 (eighth Cir.2001) (estimating 42 You.S.C. 12111(8)).

Which court features several times kept you to definitely typical and credible attendance is actually a necessary section of most work.’ Pickens, 264 F.3d during the 777 (quoting Greer v. Emerson Elec. Co., 185 F.3d 917, 921 (8th Cir.1999) and you can Nesser v. Trans Globe Airlines, Inc., 160 F.3d 442, 445 (eighth Cir.1998) and you may citing Moore v. Payless Footwear Source, Inc., 187 F.3d 845, 848 examine the link (8th Cir.1999)). Moreover, a worker who’s incapable of started to work at a regular basis [is] struggling to fulfill any of the qualities of one’s occupations inside concern, much less the essential of these. Pickens, 264 F.three-dimensional from the 777 (estimating Moore, 187 F.three dimensional at 848) (modification during the totally new).

The latest requirements from Spangler’s reputation integrated bringing each and every day calls, answering questions off their Banks out of bucks features, and you may finishing deals regularly. Spangler’s absenteeism stopped the woman away from doing these types of very important qualities. In any event, you will find stored an employer was not as much as no obligation so you’re able to reallocate one particular characteristics from a situation one a professional individual need create. Maziarka, 245 F.3d during the 681-82 (8th Cir.2001) (holding a keen employee’s asked rooms getting an afterwards make up out of the time skipped to own regular leaves of absence was not good realistic alternative).

We appropriately affirm the brand new region court’s grant away from summary wisdom to help you the bank toward Spangler’s ADA claim

Underneath the FMLA, a qualified staff are entitled to 12 workweeks of get off during the people 12-day months if she or he keeps an excellent serious health condition that produces the new worker unable to carry out the qualities of standing of these worker. 29 You.S.C. 2612(a)(1)(D). The expression severe health condition includes an excellent mental reputation that requires (A) inpatient proper care for the a hospital, medical care, or residential medical care studio; or (B) continued medication by the a health care professional. 30 U.S.C. 2611(11).