In a July 17, 2018 opinion, the U.S. Court of Appeals for the
Sixth Circuit held “full-time presence at work is not an
essential function.” In so holding, the Sixth Circuit
reversed the trial court’s grant of summary judgment in favor
of the employer in the matter of Hostettler v. The College of
Wooster that was based upon the proposition that full-time
employment was an essential function of a human resources
generalist position.
Heidi Hostettler was hired by the College of Wooster into a
human resources generalist position while she was four months
pregnant. Throughout the interview process, Hostettler was open
about her pregnancy, and the employer offered her 12 weeks of
unpaid maternity leave under the FMLA even though she did not
otherwise qualify for leave under the law. As part of
Hostettler’s regular duties, she helped managers with
performance improvement plans, participated in recruiting new
hires, designed training programs, and answered phone calls
