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 (more…)

The U.S. Equal Employment Opportunity Commission or EEOC recently  issued a comprehensive question-and-answer guide that clarifies performance and conduct issues under ADA, the Americans with Disabilities Act.

The document addressing a wide variety of problems, is available in its entirety at  www.eeoc.gov/facts/performance-conduct.html.

Under Title I of the Americans with Disabilities Act, and Section 501 of the Rehabilitation Act , employment discrimination against qualified individuals with disabilities is prohibited.

However, the ADA and Rehabilitation Act generally do not impinge (more…)