Court Ruled Attendance Misconduct Justified Termination
Retailers may enforce attendance policies even when employees have a disability, provided performance standards remain equal.
Updated on Oct. 1, 2026 in Human Resources
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A federal district court granted summary judgment to Indochino Apparel in a disability discrimination lawsuit. The court determined that the company's retail team lead was not a qualified handicapped person under Massachusetts law due to persistent attendance issues.
Why it matters
This ruling clarifies that employers in Massachusetts may terminate workers for attendance misconduct if those absences would have triggered dismissal for a non-disabled staff member. It underscores the importance of maintaining consistent performance standards alongside providing reasonable accommodations.
The court's decision hinged on the application of Massachusetts ch. 151B, which provides specific protections against discrimination. The ruling affirmed that the company's provision of multiple treatment leaves met necessary accommodation thresholds before dismissal.
The players
Indochino Apparel
A direct-to-consumer custom menswear retailer that operates across North America.
The details
The court found that the plaintiff's attendance record constituted misconduct that would have resulted in termination regardless of his alcohol use disorder. By demonstrating that the employee failed to meet the essential attendance requirements of his role, Indochino Apparel successfully argued the plaintiff was not a qualified handicapped person under state statute. The ruling confirms that while employers must accommodate disabilities, they are not required to tolerate performance failures that would cause a non-disabled employee's removal.
Timeline
October 1, 2026: The U.S. District Court for the District of Massachusetts granted summary judgment.
Market Landscape
This case sits within the established legal precedent of Massachusetts General Laws Chapter 151B, which governs fair employment practices. It follows a recurring pattern in labor litigation where courts must balance disability accommodations against essential job performance requirements.
Business owners should ensure that their attendance and performance policies are applied consistently across all staff, regardless of health status. When disciplinary action is necessary, documentation must prove that the misconduct is independent of any disability-related accommodations provided.
The takeaway
The court's decision highlights that an employee's inability to maintain consistent attendance can disqualify them from protected status under state law. Operators should audit their termination records to confirm that attendance standards have been enforced equitably among all employees.
Further reading
For more on managing employee performance and legal compliance, visit our Human Resources section.
Source note: This article includes information reported by Bloomberglaw.
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Should employers be legally required to accommodate attendance issues for employees undergoing addiction treatment?
