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Mandatory overtime and the ADA

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in Discrimination and Harassment,Employment Law,Human Resources

Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours? — N.V., Ohio

It depends. Is overtime truly an essential function of the job? If it is and if the employee has a disability as defined under the Americans with Disabilities Act (ADA) or state law, then you must consider a reduced schedule as a possible reasonable accommodation for her. Alternatively, you should consider whether she is qualified for a position that doesn’t require overtime.

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