Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition. This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show her sleeping on the job. In response, the plaintiff told the company that she was taking medication that made her “sleepy.”
Does this sound familiar?
Well, it should, because we’ve covered this before. An employee who, because is a disability, may have a tendency to fall asleep at work, could still be qualified to perform the essential functions of the job.