labor lawAdivision of labor law center

Overtime for disabled workers is in the news again. Just last week the EEOC announced a settlement with United Airlines regarding overtime for employees on light duty under ADA, the Americans with Disabilities Act.

 

Now another case underscores the fact that employers must not discriminate in awarding overtime to disabled employees, even those on light duty.

 

The most recent case involves the U.S. Postal Service. Patricia Grana sued the postmaster general under the Rehabilitation Act, which prohibits federal employers and those receiving federal funds from discriminating against disabled workers. Grana challenged the policy of choosing employees on light duty last for overtime. Again, as in the United claim, Grana argued that such a policy had a disparate impact on disabled workers, who are more likely to be on light duty.

 

In Grana’s case, she was frequently on light duty due to a disability affecting one knee.

 

The U. S. Postal Service noted that this policy ended in 2004. However, Grana’s claim, which the court found valid, contended that the policy lasted until January 2006. Under the system introduced in January 2003, employees volunteered for overtime by putting their name on a list at the beginning of the quarter. When overtime hours were available, the union awarded the overtime based on the list. However, the union steward placed employees on light duty at the bottom of the list of employees to receive overtime.

 

There were several issues in this case. The union and the Postal Service each blamed the policy of excluding light duty employees from overtime on the other. There was also disagreement about how long the policy persisted, with the employer claiming it ended in 2004 and the employee claiming it continued into 2006.

 

Once Patricia Grana realized she was the target of discrimination based on her disability, she sat down with the union and the employer to discuss it. They agreed to change the procedure. Despite this, Grana still successfully sued the employer for discrimination. Two other employees who were on light duty at the time were not adversely affected.

 

Of course, a disabled employee may request to not work overtime, as a reasonable accommodation. That is a different issue from a disabled employee who actively seeks overtime, and in many cases the employer must comply with such a request. In some cases the courts have ruled that such a request is a reasonable accommodation; in others cases, the courts have ruled that excusing disabled employees from working overtime is an undue hardship for the employer.

 

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