Under ADA Act is it unlawful for a company to force an individual to stay for ‘mandatory over time’ when due to the disability they are unable to do so
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Under ADA Act is it unlawful for a company to force an individual to stay for ‘mandatory over time’ when due to the disability they are unable to do so
My fiancee has a Disability and her work is
informing her that if she does not comply with
the mandatory over time it will lead to
occurrences which will count against her in
terms of firing her
Asked on September 16, 2019 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends whether in the context of this job and its staffing needs/workflow, not doing mandatory overtime is reasonable or not. Under the ADA, an employer must only make "reasonable" accommodations to a disability--that is, ones that are not too disruptive to the employer. If the job has always involved mandatory overtime, so that is a normal part of it, and if there is no other or insufficient staff who could do it for your fiance, then the employer can insist she does it--the long hours are a natural or normal part of the job, so it would be unreasonable to not have an employee put in the hours. On the other hand, if this is occasonal or sporadic, so it's not a core part of the job, or if there are other employees who could handle the overtime instead, it would be reasonable to exempt your fiance from it and to not require it.
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