GERGEL, District Judge:
This case involves a claim brought by Michael R. Boitnott ("Boitnott") against his employer, Corning Incorporated ("Corning"), under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., in which Boitnott asserted that his inability to work more than eight hours per day and rotate day/night shifts as a result of physical impairments rendered him disabled under the ADA. Boitnott further asserted that Corning had violated the ADA by failing to provide him a "reasonable accommodation" for his disability. Corning responded that, since Boitnott was physically able to work a normal forty hour work week and had not demonstrated that his impairments significantly restricted the class of jobs or a broad range of jobs available to him, he could not establish that he had a "substantial" limitation upon which to base a claim of disability under the ADA. The District Court
Boitnott began work with Corning as a maintenance engineer in 1989. He worked rotating twelve hour shifts and alternated two weeks of day shifts with two weeks of night shifts. J.A. 603.
Boitnott advised Corning in February 2004 that he was prepared to return to work but provided a physician's statement that he was limited to working no longer than eight hours per day. J.A. 512. Since Boitnott, according to his treating physician, was capable of working a normal eight hour day and forty hour week, Corning took the position that he was not disabled under the ADA. Boitnott did not return to his twelve hour rotating shift and, instead, applied for long-term disability benefits with Corning's disability carrier, MetLife, and filed a charge of discrimination in May 2004 with the Equal Employment Opportunity Commission ("EEOC"). The charge of discrimination alleged that Corning had failed to provide Boitnott "reasonable accommodation" since his effort to return to work on February 16, 2004. J.A. 482.
MetLife initially granted Boitnott long-term disability benefits in May 2004 but terminated those benefits effective October 1, 2004 because Boitnott was capable of working a normal forty hour work week and there existed maintenance engineer positions in the area that did not require overtime work. J.A. 412-414. Subsequent to the termination of long-term disability benefits, Boitnott renewed his efforts to return to work. He indicated an interest in a limited class of day shift positions with Corning, but these jobs required ten hour days and some overtime. Corning advised Boitnott through his union representatives that the treating physician's limitation on working no longer than eight hours per day remained a problem and requested that Boitnott advise the company if his medical condition changed. J.A. 408. On December 30, 2004, the EEOC issued a determination that there was "reasonable cause" to believe that Boitnott's rights under the ADA had been violated by Corning. J.A. 484-485.
On January 18, 2005, one of Boitnott's treating physicians indicated that he could
With the lifting of the restriction on Boitnott's performance of overtime work, Corning and the union began working toward a resolution of the issue of Boitnott's return to work. None of the limited number of day shift positions were then available. J.A. 409. Corning, however, entered into negotiations with the union on the creation of a new position in the maintenance department which was limited to day shift work of eight hours per day plus overtime. This culminated in a written agreement between the union and Corning on July 8, 2005 that authorized the creation of the new position and the right of Boitnott to apply for the position despite the fact that he was not then on active status. J.A. 389-390. The new position was posted on July 27, 2005, and when the posting expired on August 13, 2005, Boitnott was hired for the position. J.A. 391. Boitnott formally returned to work with Corning on September 5, 2005 and continues to work in the same position with the company.
The ADA prohibits any covered employer from discriminating against "a qualified individual with a disability because of the disability ... in regard to ... hiring, advancement, or discharge" of the employee or "other terms, conditions and privileges of employment." 42 U.S.C. § 12112(a). The Act defines a "qualified individual with a disability" as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position...." 42 U.S.C. § 12111(8). The Act defines "disability" as "a physical or mental impairment that substantially limits one or more major life activities of such individual." 42 U.S.C. § 12102(1)(a).
Courts have struggled with the meaning of the term "major life activity" and, in particular, whether work constitutes "a major life activity." See Toyota Motor Mfg. v. Williams, 534 U.S. 184, 199-200, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002); Sutton v. United Airlines, Inc., 527 U.S. 471, 492, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). Sutton ultimately addressed the conundrum by concluding that, if the employee otherwise could not demonstrate that his impairments substantially limited a "major life activity," the lower courts, as a "last resort," could then consider whether the employee's impairments substantially limited his or her ability to work. Sutton, 527 U.S. at 492, 119 S.Ct. 2139.
A plaintiff seeking to establish that he or she is disabled under the ADA must further show that any impairment "substantially limits" one or more major life
Numerous sister circuits have addressed the issue of whether an employee under the ADA is "substantially limited" in "one or more major life activities" if the employee is capable of working a normal forty hour work week but is not able to work overtime because of a physical or mental impairment. All circuit courts which have addressed this issue have held that an employee under the ADA is not "substantially" limited if he or she can handle a forty hour work week but is incapable of performing overtime due to an impairment. See Bialko v. Quaker Oats Co., 434 Fed.Appx. 139, 142 (3d Cir.2011); Cotter v. Ajilon Servs., Inc., 287 F.3d 593, 598-99 (6th Cir.2002); Miller v. Sw. Bell Tel. Co., No. 01-21318, 2002 WL 31415083, at *5 (5th Cir.2002); Kellogg v. Union Pac. R.R. Co., 233 F.3d 1083, 1087-88 (8th Cir.2000); Taylor v. Nimock's Oil Co., 214 F.3d 957, 960-61 (8th Cir.2000); Tardie v. Rehab. Hosp, of Rhode Island, 168 F.3d 538, 542 (1st Cir.1999); Berg v. Norand Corp., 169 F.3d 1140, 1145 (8th Cir.1999); see also, Parkinson v. Anne Arundel Med. Ctr., 214 F.Supp.2d 511, 514-15 (D.Md.2002) ("[C]ourts have uniformly held that `an inability to work overtime is not a substantial limitation on the ability to work.'"). A number of courts have further held that plaintiffs, in their particular cases, were unable to show that the inability to work overtime significantly restricted their ability to perform "a class of jobs or a broad range of jobs in various classes." See Taylor, 214 F.3d at 961 ("Taylor has not shown that working 40 hours a week and lifting no more than 10 pounds limits her employment opportunities in her geographic area."); Berg, 169 F.3d at 1145 ("Berg has failed to show any class of jobs or broad range of jobs from different classes from which she is excluded ...."); Tardie, 168 F.3d at 542 ("[T]here are vast employment opportunities available which require only 40 hour work weeks."); Parkinson, 214 F.Supp.2d at 515 (Plaintiff "has presented no evidence" that "his inability to work overtime would disqualify him from numerous jobs in the health care profession.").
This Court reviews the District Court's grant of summary judgment de novo. Laber v. Harvey, 438 F.3d 404, 415 (4th Cir.2006). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Id. For purposes of reviewing the grant of summary judgment, "[t]he evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
The uncontested facts set forth above establish that the primary impediment to Boitnott's return to work was his inability to perform overtime work.
We have also reviewed the record, in a light most favorable to Boitnott as the non-moving party, to determine if there was evidence to demonstrate that his inability to work overtime "significantly restricted" his "ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities." 29 C.F.R. § 1630.2(j)(3). This individualized inquiry is in recognition that Boitnott's particular impairments and/or the labor market in his area could, under certain circumstances, make his inability to work overtime a substantial restriction on a class of jobs or a broad range of jobs in his area of maintenance engineering. See Cotter, 287 F.3d at 598; Kellogg, 233 F.3d at 1087. The record contains no evidence indicating that Boitnott's inability to work overtime "significantly restricted" his ability
Based upon the foregoing, we conclude that Boitnott's inability to work overtime did not constitute a substantial limitation on a major life activity and that he was, consequently, not disabled under the ADA. Therefore, the decision of the District Court is
AFFIRMED.