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Fired for sleeping on the job: Disability discrimination?

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October 17, 2008
1 minute read
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Often, employees’ medical conditions mean employers must make exceptions to certain policies. But how far do you need to go?
Read the facts of this real-life case and decide: Who won?
The facts:
An employee was caught sleeping on the job, so he was fired. He sued, claiming he had a medical condition that required him to take quick breaks to “rest his eyes.”
The employer said:
The worker broke policy by taking an unauthorized break in order to nap. Also, he had never talked to HR about getting accommodated for his illness or turned in a doctor’s note saying he needed an accommodation.
Who won the case?
Answer: The employer.
Why? The company was justified in firing the man for sleeping on the job and taking an unauthorized break.
If he had gone through the proper channels to ask for an accommodation, things might have been different. But he didn’t, so the company was off the hook for the termination.
Cite: McNary v. Schreiber Foods, Inc.

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