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

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.