Your company has a policy requiring everyone in one department to work overtime. But what if an employee says she needs an exception to the rule to accommodate a disability?
Read the facts of this real-life case and decide: Who won?
The facts:
To meet production demands, the company required all employees to work overtime. No exceptions were ever made, and employees all worked roughly the same number of OT hours. However, one employee was barred by her doctor from working OT due to a medical condition. The company terminated her, and she sued under the Americans with Disabilities Act.
The employer said:
Working the required number of hours was an essential job function. Therefore, she had no standing to sue.
Who won the case?
Answer: The employer.
Why: As the judge said, “An employer’s mandatory overtime requirement has been recognized as an essential job function” — just like other attendance requirements that have a legitimate business purpose.
The company also lacked the option of moving her to a different position — all jobs she was qualified for required the same hours.
One big key to victory in this case: consistency. By showing that all employees were held to the same rules with no exceptions, the company was able to show that working overtime really was an essential function of the woman’s job.
Cite: Tjernagel v. Gates Corp.
