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Hostettler v. College of Wooster, 6th Cit., No. 17-3406, July 17, 2018

Articles Discussing Case:

Sixth Circuit Rejects Argument that Full-Time Job Requires Full-Time Hours in ADA Failure to Accommodate Case

Littler Mendelson, P.C. • August 01, 2018
Holding that full-time presence at the workplace is not always an essential job function, on July 17, 2018, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment in favor of the employer in an Americans with Disabilities Act (ADA) failure to accommodate case. The decision in Hostettler v. College of Wooster1 undermines the deference often afforded to employers in determining whether a particular function is an “essential” job function. Moreover, it appears to eliminate—at least within the Sixth Circuit—the argument that an accommodation permitting an employee to work less than full-time hours in a full-time position is per se unreasonable.

Is full-time presence at work an essential function of a job? One federal circuit says No.

Ogletree Deakins • July 23, 2018
The Americans with Disabilities Act (ADA) requires that employers reasonably accommodate employees with disabilities, including allowing modified work schedules when appropriate. One federal appellate court has addressed that issue, overlaid with the question of accommodating an employee’s postpartum depression after FMLA leave, and has held that a lower court wrongly concluded that full-time presence was an essential function of the employee’s position. Hostettler v. College of Wooster, 6th Cit., No. 17-3406, July 17, 2018.