But, working overtime must be an essential function of the job. Here’s an example from a recent Fifth Circuit decision.
The plaintiff worked as a detention officer. One of the requirements for the job of detention officer was to “work overtime as required,” including “up to sixteen (16) hours within a rolling 24-hour period.” Indeed, the plaintiff occasionally had to work ten, twelve, fourteen, or sixteen-hour shifts straight in a rolling 24-hour period.
During his employment, the plaintiff developed severe obstructive sleep apnea. Twice, he fell asleep at the wheel after working a 16-hour shift. So,