facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity.” 42 U.S.C. § 12111(10)(B). JC Penney challenges Bukta’s proposed accommodation, arguing that a part time schedule imposes an undue hardship on its business by eliminating the essential job requirement of attendance. Essential function means the fundamental duties of the position. 29 C.F.R. § 1630.2(n)(l). Attendance can be an essential job function. See Brenneman v. MedCentral Health System, 366 F.3d 412 (6th Cir.2004) (<HOLDING>); Gantt v. Wilson Sporting Goods Co., 143 F.3d
holding that attendance can be an essential function of a position and that excessive absenteeism rendered an employee unqualified for such a position holding governments position unreasonable where government advanced no legal authority for its position and applicable principle of law was long settled recognizing that an employers decision to eliminate a position is a legitimate nondiscriminatory reason for terminating a position or employee holding that attendance is a minimum function of any job holding attendance problem was a legitimate basis for an employers termination of an employee