allison and we're going to try to reserve a couple of minutes for a bottle anxiety disorders of the most common mental illness in the united states affecting more than forty million dollars adults each year the district court's order would eradicate the disabled employee to perform the job including modifying a policy based on a court order employers could institute a policy disqualifying all disabled and police for example an employer could have a policy requiring that all employees be able to walk up stairs and he who many of them are helpful have focused on what is that issue in this case and since we're not dealing i don't know that needing assistance with a position she was not allowed each day that she needed time either a half day or full day she asked and it was approved and and so the real what the you say she asked for well she asked for some time off and she now offered her a week well when it was offered in that disciplinary meeting on june rd and that was after she'd already been missing time which she had been discussing with the office manager for that prior three weeks and after and in that meeting they told her i mean that was a disciplinary me they told her they want the old back they told her she she wasn't a team player that you know they threatened to terminate her and then if you look at the deposition transcript of richard james when we asked about that weekend mr going to begin working and that's what happens so so here what the question should have been is but for the the anxiety absences would allison play in  start instead what the court focused on was what did allison do or not do as we know once we enter into the interactive process that duty to engage is on both part and so we talked about what could have or may have been possible such as allowing her to take some more calm work work at night work on the weekends and what we have here is we have a policy that the employer says well this is essential that someone be in the office forty hours a week monday through friday at these specific times but that was but when you look at the history of what happened you see that they had the only other person that frames least one request for an accommodation did what when did miss lamb request an accommodation other than submitting the letter and what specifically did a half day off or that day off well that but that's kind of a day by day ad hoc i'm talking about the accommodation going forward what was she asking for and when did she ask ok i  missed misunderstands let me is you say in an hoc request is so i'm just asking what accommodation did she ask or can you just stated in a sentence and then tell us when she asked for the well every day that she needed to miss due to anxiety was a request for accommodation and she was requesting notes separately on each day that she each day and she had an issue she cheated reported it to to the employer and they said ok you can missed at that point she said she's begun the interactive process i'm not aware of  matheson's trying to do and i started trying to do which is to focus on what specific accommodation what did she ask for and when did she ask for it as i understand it you're now saying that the combination that she wanted which is what is asked for in the croaker letter which is any time she feels severe anxiety without prior notice to the employer at that moment she can say i want to go home and have the rest of the was asking for a few hours or a day at a time and after that letter after that letter there was no attempt to to further account it but just as importantly alison lamb didn't need another accommodation after that all she needed was for the time that she took off that have been approved for her disability caution you did was for them not to use against her get your position is that it would be reasonable accommodation for her to any time she's not feeling well take the rest of the day off or not come in even when she's  only be calculated in using her time she took offerings that i have something that's really important here that i do want to address is that the burden for complying with the a b a is on employer so allison did what she knew to do consider this a lot of these cases talk about employers that have human resource departments we're talking about an employer that had no policy leave particularly short term memory is a reasonable accommodation and what we see is that again the three days that she missed you also know that when they said ok and so and so then you know finally is that there was no attempt by the defendant to try to work through the interactive process they didn't make any suggestions they didn't even say well hey look we need some is going to work here full time that they could allow that they they said in the briefs that that employees were able to work outside the monday through friday when as the clients meet well here we also have to look at what does an employee the need and so you know those things are really see the number of times in which the defendant in minutes that her turn nation was was based upon those anxiety absence so again the question should be interactive process and exchange ideas include things in here we have by the admission of the defendant an employee that has continued to tell the employer in that l already run out of time let me just ask you this you sued for thirty three clients failure to accommodate discrimination and retaliation did the district court address th discrimination claim to the judge i don't i don't believe so i think it's similar to in point where there is some confusion about the elements of certain claims because and i get that this  disability you don't for example whether it's directly really direct evidence because of course requests for reasonable accommodation intent is irrelevant and so i think that i don't think the court directly did but i also can understand how the court if the court was intending that it was using the same analysis to dismiss spoke the client but it didn't say that well if it didn't address the discrimination claim are you suggesting that this court should go ahead and the process or should it be remanded well i think since we're hearing probably ought to be addressed deposition has been he in a remotely so we've shown litigation doesn't have to be done in an office forty hours a week between certain hours thank you for the free time and attention thank you  quote i can't thank you and the guys enough for giving me the opportunity to help myself whatever i'm going through i don't know what would happen if i didn't work for such or terminations was she fired for an excused absence as scheduled absence or just plain old absence of in excess of p t o policy worked half days what was ok was the law firms problem then with a half day or was the law firms problem that she wasn't physically present now i think since you brought up this toss and i think it's really important strengthened by working and learning from each other this process increases individual skill levels expands personal professionalism and keeps everyone on office regular hours is so that they can collaborate with one another and get the benefit d of not only what they know about things but also what the a very important i'm just tense i'm just trying to to to match up your arguments with the elements of a claim for failure to accommodate and i take it from your to be able to come and work on a regular basis like other people to do this plan so i was unable to do that and this is something you know it's unfortunate but they need to find somebody who could help t emotional problems but that doesn't mean that they get to do whatever they want to do or whatever they think they should do their business is a straw on their clients to be taking care of and that's worked on james is trying to do