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Employee's Inability to Work Overtime Is Not a Per Se Disability
The Fourth U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the Americans with Disabilities Act (ADA). Boitnott v. Corning Incorporated, 4th Cir., No. 10-1769, Feb. 10, 2012.
The Case
Michael Boitnott, an employee of Corning, was diagnosed with a form of leukemia while on a medical leave in 2003. Although no treatment was required for his illness, Boitnott advised Corning in 2004 that he would be unable to return to his regular work schedule as a maintenance engineer. That schedule consisted of 12-hour shifts, alternating two weeks of day shifts with two weeks of night shifts. According to Boitnott's doctor, he was capable of working a normal eight-hour day and 40-hour week, but was unable to work overtime.
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