Inability to Work Overtime is Not a Disability

The U.S. District Court for the District of Oregon held in a recent case that an employee who was unable to work more than a 40 hour work week due to various conditions, was not disabled under the Americans with Disabilities Act (“ADA”).  Such an inability to work overtime, absent other facts, does not constitute a substantial limitation of a major life activity as required under the ADA.  Some courts have reasoned that there are many jobs that do not require overtime so an employee’s ability to work is not substantially limited, such that there is less need to provide protections from overtime.

If an employee at your business requests a limited 40 hour schedule as a reasonable accommodation, please consult your attorney to evaluate whether such is necessary.

 

 

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