Can Required Overtime Act as an Essential Function of a Job?

The Massachusetts Commission Against Discrimination recently found that a hospital discriminated against one of its nurses on the basis of her disability. By refusing to excuse the nurse from the obligation to work overtime when needed, the hospital failed to offer her a reasonable accommodation for her disability.

In its challenge to the commission’s decision, the hospital did not contest the finding that the nurse was a “handicapped person,” but instead contended that her claim nonetheless fails because she was unable to perform an essential function of the job of an inpatient nurse: to work overtime when required. In other words, the hospital contended that the commission erred in concluding that overtime work was not an essential function of the job.

There are a number of cases, arising in a variety of different settings, that have concluded that overtime can be deemed an essential function of a job.

While it is true that a task may be an essential function even if its performance is required rarely or only in an emergency, the evidence in the present case supported the commission’s conclusion that the hospital could meet the needs of patient care without requiring the nurse to work overtime. Therefore, the commission found for the nurse in this case.

If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.