Sixth Circuit: Full-Time Work is Not an Essential Job Function Under the ADA
APPLIES TO Employers with KY, MI, OH, and TN Employees |
EFFECTIVE July 17, 2018 |
QUESTIONS? Contact HR On-Call |
In Hostettler v. College of Wooster, the Sixth Circuit Court of Appeal recently determined that an employer could not make full-time work an essential function of a job so as to justify failing to accommodate an employee under the Americans with Disabilities Act (ADA). There, the employee suffered from post-partum depression and, based on her physician’s instruction, obtained approval to work part-time. However, her supervisor felt that the employee’s part-time work schedule burdened others in the department. When the employee submitted an updated medical certification requiring continued part-time employment, the supervisor terminated her based on her inability to return full-time.