Boitnott v. Corning Incorporated, 4th Cir., No. 10-1769, February 10, 2012.
Articles Discussing Case:
Employee is Not Disabled under ADA Simply because He Cannot Work Overtime, Federal Court Rules
Jackson Lewis LLP • May 02, 2012
n 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. Boitnott v. Corning Inc., 669 F.3d 172 (4th Cir. 2012). The Fourth Circuit has jurisdiction over Maryland, North Carolina, South Carolina, Virginia, and West Virginia. 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.”
Issue: Employee's inability to work overtime is not a per se disability under the ADA.
Ogletree Deakins • February 21, 2012
The 4th U.S. Court of Appeals has dismissed an employee's lawsuit, holding that the individual's inability to work overtime hours was not a substantial limitation that would entitle him to the protections of the Americans with Disabilities Act (ADA). Boitnott v. Corning Incorporated, 4th Cir., No. 10-1769, February 10, 2012.
