In a case originating from Virginia, the U.S. Fourth Circuit recently joined other circuits and confirmed that an inability to work overtime does not constitute a substantial limitation on a major life activity under the ADA, and thus could not pose a substantial limitation on the employee's ability to work. In short, an employee is not "disabled" for purposes of the ADA's protections against discriminatory treatment if the applicant/employee can handle a forty hour work week but is incapable of performing overtime because of a physical impairment.
Useful tip: An employer does not need to accommodate an applicant's or employee's inability to perform overtime work because of an impairment if the employee, who could handle a 40 hour work week, cannot perform overtime work required by the job.
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