4th Circuit on Inability to Work Overtime Under ADA
February 18th, 2012 by JBWK
The 4th Circuit, in a published opinion last week, held that a former employee’s inability to work overtime did not “substantially limit” a major life activity as to give him protection under the ADA.
The court held that the employee, who was released to work forty hours per week, but who could not work overtime, was not substantially limited in the major life activity of working. As a result, the employee was not deemed “disabled” under the ADA and therefore received no protection.
The 4th Circuit noted that the majority of other courts in the county follow a similar rule.
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