You Make The Call: Can man caught sleeping at work sue for disability bias?

“For gosh sakes,” said Supervisor Margie Brunton, “Nick was caught sleeping on the job multiple times. We even have a photo of him snoozing at his workstation. We were forced to fire him.”

“Nick says he was let go because of his sleep disorder,” said HR Manager Alan Frankel. “He’s suing us for disability discrimination.”

“We didn’t terminate Nick because of his disability,” said Margie. “It was well known that Nick often fell asleep at work. Several months ago, we put him on a last-chance agreement that required him to stay awake on the job or he’d be fired. When one of his coworkers later showed us a photo of Nick sound asleep at his workstation, we dismissed him.”

“Nick contends that the last-chance deal wasn’t valid,” said Alan. “He says he objected to the agreement because he had no opportunity to tell his side of the story.”

“I know he was upset about the agreement,” said Margie, “but that doesn’t change the fact that the last-chance deal was still active when he was again found sleeping at his workstation.”

“Nick says his objection to the last-chance deal was his way of asking for an accommodation that we were obligated to provide because of his sleep disorder,” said Alan.

“That’s not how I interpreted it,” said Margie. “His objection to the last-chance deal was focused on an alleged lack of due process during our investigation, not on accommodation options for his disability.”

“It sounds like Nick never actually requested an accommodation,” said Alan. “We’ll challenge this lawsuit.”

Did the company win?

Yes. The company won. The court said the worker failed to prove he actually asked for an accommodation for his sleep disorder.

Yes, said the judge, the disabled staffer objected to the last-chance agreement that was handed to him after he was caught snoozing at his workstation. However, his objection was focused on potential violations of his due process rights when he was given the agreement.

In the eyes of the court, the staff member’s objections to the last-chance deal weren’t equivalent to requesting a disability accommodation.

Because the disabled man never actually asked for a reasonable accommodation, the employer wasn’t liable for unlawful discrimination.

What it means: Sleeping isn’t an accommodation

While it’s true that disabled workers don’t need to utter any so-called magic words to request an accommodation, it’s also true that they have to let their bosses know they’re disabled and that they want a job-related accommodation.

Until a worker has alerted his or her employer to a disability, the company isn’t obligated to engage in the interactive process to identify potential accommodations.

Your takeaway: Sleeping on the job isn’t typically a reasonable accommodation. Staffers who have trouble staying awake probably need additional rest breaks, but no one can actually perform the essential functions of his or her job while sleeping.

Based on Oirya v. Mando America Corp.

(From the June 7, 2024, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here.)