Central to the case was the insistence by the worker, who had back problems, that he be permitted to choose when he worked overtime (his doctor had recommended that he not work more than 8 hours per day). The court reasoning was based on finding that overtime was an essential function of his job, and that a worker's overtime preferences could not conflict with the seniority rights of other employees under collective bargaining.

The case involved was Davis v. Florida Power & Light Co., U.S., No. 00-169. The case was denied 10/10/00).