Magazine article HRMagazine

Employee Who Could Not Work Overtime Was Not Disabled under ADA

Magazine article HRMagazine

Employee Who Could Not Work Overtime Was Not Disabled under ADA

Article excerpt

Boitnott v. Corning Inc., 4th Cir., No. 10-1769 (Feb. 10, 2012).

An employee who was not able to work overtime hours but was able to work a normal 40-hour workweek and had not demonstrated that his impairments significantly restricted the class of jobs or a broad range of jobs available to him was not disabled within the meaning of the Americans with Disabilities Act (ADA) because he was not "substantially" limited, according to the 4th U.S. Circuit Court of Appeals.

In 1989, Corning Inc. hired Michael Boitnott as a mechanical engineer. Like other Corning employees, Boitnott worked rotating 12-hour shifts of two weeks on days followed by two weeks on nights. Boitnott took several shortterm medical leaves of absence from early 2002 until November 2003, when he began a more substantial leave related to leukemia.

In February 2004, Boitnott sought reinstatement. Because his medical release limited him to working no more than eight hours per day, the company denied reinstatement and kept him on leave.

Boitnott did return to work in a new position in September 2005. But after receiving a right-to-sue letter from the U.S. Equal Employment Opportunity Commission, he filed a lawsuit in federal court asserting that he was an individual with a disability who had been denied reasonable accommodation in violation of the ADA. …

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