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Working overtime hours can be an essential function

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in Employment Law,Human Resources

Working overtime can be an essential job function. If disabled employees can’t work overtime, you may not have to accommodate them.

Recent case: James, who has heart disease and diabetes, worked for a company that listed overtime as an essential function for most job classifications. His doctors said “no overtime.” For several years, the company allowed him to skip the extra hours.

Then more employees developed medical restrictions, making it hard to accommodate everyone. James was demoted to a no-overtime slot that paid less. He sued, alleging failure to accommodate.

The court tossed out the case, since overtime was an essential function and letting him skip it had become impossible when more disabled workers had similar restrictions. (Chavira v. Crown Cork and Seal, No. 13-1734, DC MN, 2015)

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