High Court Says Worker Unable to Work Nights Was Not 'Disabled'

The Montana Supreme Court ruled that a former cement-manufacturing plant supervisor was not "disabled" by the stress of his job since his heart condition didn't stop him from golfing, camping, hiking or securing other work doing the same basic job for another employer.Ross Welch alleged that he had been constructively discharged from his position with Holcim Inc. in July 2008 after his doctor imposed a permanent restriction on his working night shifts. He claimed that he qualified as "disabled" for purposes of the Montana Human Rights Act because his medical restriction barred him fro...