You are here

Sleep apnea not a disability for ADA

Sleep apnea not a disability for ADA

Sleep apnea not a disability for ADA

Sleep apnea which impaired a worker’s ability to sleep at night, but did not impair his ability to breathe during the day, is not a disability under the Americans With Disabilities Act, a federal District Court in Philadelphia has held. An employee who suffers from the condition cannot make out a prima facie case of discrimination after his termination. The employee was a registered nurse at a Catholic home for developmentally disabled teenagers. He frequently arrived late for work because of his inability to sleep well at night. After several reprimands, he got a second alarm clock and had his wife wake him up in the morning. He was not late for seven months. He was then involved in a...

lock The full text of this article is available to paid subscribers only. Login or subscribe to read more

 

Sign-up for our weekly Q&A; get a free report on electioneering