Thanks to the Work Matters Blog for pointing out Carmona v. Southwest Airlines Co., 2010 U.S. App. LEXIS 5893 (5th Cir. Mar. 22, 2010), where SW argued that regular attendance was a necessary qualification for the job, but because SW had approved requests for intermittent FMLA leave, then attendance on scheduled days could no longer be viewed as a necessary qualification. The court said that "there was sufficient evidence that [SW's] own actions reflected that attendance on scheduled days was not required."