192483P.pdf   05/04/2021  Tori Evans  v.  Cooperative Response Center
   U.S. Court of Appeals Case No:  19-2483
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] [Loken, Author, with Smith, Chief Judge, and Gruender, Circuit 
   Judge] 
   Civil case - Americans with Disabilities Act and FMLA. Regular attendance 
   was a necessary element and essential job junction of plaintiff's position 
   and the district court did not err in dismissing her ADA claim as the 
   undisputed evidence established that she was unable to perform the 
   essential functions of her position; because plaintiff could not establish 
   a prima facie case of ADA discrimination, her failure-to-accommodate claim 
   necessarily fails; with respect to plaintiff's ADA retaliation claim, she 
   failed to present sufficient evidence of the required but-for causal 
   connection between her protected activity and her termination; defendant 
   could assess penalty points for absences when plaintiff failed to 
   affirmatively invoke the FMLA; the employer was not obligated to seek 
   recertification from plaintiff's physician after it became apparent she 
   needed more leave; plaintiff failed to show that leave she took for 
   conditions unrelated to her diagnosed condition was covered by FMLA and 
   her employer could take disciplinary action for uncovered absences; 
   plaintiff failed to establish a causal connection between her requests for 
   FMLA leave and her termination and the district did not err in dismissing 
   her FMLA discrimination claim; even assuming she made a prima facie case 
   of discrimination, the employer provided a legitimate, non-discriminatory 
   ground for termination, which plaintiff failed to establish was a pretext.