An essential function of full time work is that an employee actually work full time!  The U.S. Court of Appeals for the Sixth Circuit recently concluded that an individual who requested that she be allowed to continue working part time did not request a reasonable accommodation under the ADA.  White v. Standard Insurance Co., (6th Cir. June 28, 2013). The employer established that full time work was an essential function of the position: the employer had never employed anyone in the employee’s particular position on a part-time basis; the written job description stated that the position was full time; and the plaintiff admitted during her deposition that she was unable to complete the job requirements in a four-hour shift.  Other employees had to work overtime to cover her work.

The plaintiff had a back injury in September 2007 and took a leave through December 2007.  In mid-December, she returned to work part-time for four hours a day but, beginning in mid-January, she had trouble working even four hours.  She did not work or left early 6 days in January and then left early on February 6 and called off on February 7.  As a result, the employer terminated her employment but held the position open until the end of March in case she could return to work.

The court concluded that a request to continue working part time was not a request for a reasonable accommodation under the ADA because the plaintiff was not able to perform the essential functions of the job while working part time and the employer was not required to create a new part time position.

This case reminds employers how important a well-drafted job description can be.  It also reaffirms the necessity of the individualized inquiry.  The particular facts of each case will determine whether an accommodation is reasonable under the particular circumstances.

 

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Photo of Patricia Anderson Pryor Patricia Anderson Pryor

Patricia Anderson Pryor is the office managing principal of the Cincinnati and Dayton, Ohio offices, as well as the Louisville, Kentucky, office of Jackson Lewis P.C. Patty remains purposefully poised on the precipice of the changing legal landscape, advising clients on everything from…

Patricia Anderson Pryor is the office managing principal of the Cincinnati and Dayton, Ohio offices, as well as the Louisville, Kentucky, office of Jackson Lewis P.C. Patty remains purposefully poised on the precipice of the changing legal landscape, advising clients on everything from vaccine mandates to the Dobbs response, to ESG and the attacks on DEI, to the impact of Loper Bright. The combination of Patty’s ability and tenacity to understand and apply workplace law to nuanced legal questions and specific situations results in clients perpetually asking this initial question, “What does Patty think?”

Patty is the National Head of the firm’s Emerging and Cross-Disciplinary Issues. She has over 25 years of experience representing and defending employers in nearly every form of employment litigation, including class actions. She represents and advises employers in federal and state administrative proceedings, in all forms of dispute resolution, including mediation and arbitration, and in managing all aspects of the employment relationship. She has represented employers before the EEOC, the DOL, the DOJ, OSHA, the OFCCP, and the NLRB, in addition to various state agencies.

Focusing on the best possible outcome for the client Patty takes a 360-degree view, working with employers to avoid litigation by developing effective policies and practices, including harassment policies, FMLA practices, attendance programs, affirmative action programs and wellness plans. She conducts proactive wage and hour audits, harassment investigations and compensation/pay equity reviews.

Patty is a core team member of the firm’s Disability, Leave & Health Management practice group and a leader of the Religious Accommodation Team. She provides practical advice to help companies respond to remote work challenges, paid and unpaid leave situations and the most challenging accommodation requests, all of which have been exacerbated by the pandemic, hybrid work and changes in the law.