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Employee Is Not Disabled under ADA Simply Because He Cannot Work Overtime, Federal Court Rules

May 1, 2012
Source: Jackson Lewis.com

In welcome news for employers, the Fourth Circuit Court of Appeals has held that an individual with an impairment is not disabled within the meaning of the Americans with Disabilities Act (ADA) simply because the individual is unable to work overtime. The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.(Boitnott v. Corning Inc., 669 F.3d 172 (4th Cir. 2012)). The Fourth Circuit joins the First, Third, Fifth, Sixth, and Eighth Circuits in holding that “an inability to work overtime does not constitute a substantial limitation on a major life activity under the ADA.”

Applicable ADA Provisions

The ADA prohibits any covered employer from discriminating “against a qualified individual on the basis of disability in regard to . . . hiring, advancement, or discharge” of the employee or “other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). The ADA defines “disability” as “a physical or mental impairment that substantially limits one or more major life activities of such individual.” 42 U.S.C. § 12102(1)(A).

Link: Go to website for News Source
http://www.jacksonlewis.com/resources.php?NewsID=4086


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