jul 1997 · Texas, United States
Insurer's trainer who says he fell asleep in meetings is told he is being let go days after asking for leave for a sleep study; treated sleep apnea not a disability under federal law
- Legal
A sales instructor at a health insurer in Texas said that from mid-1995 he became increasingly tired, could not concentrate, and fell asleep in meetings and at his desk, while the company cited ongoing performance problems. In 1997 he was given leave for a sleep study and, days later, notice of discharge; the study then found moderate obstructive sleep apnea, which CPAP treatment corrected. The federal court granted the insurer summary judgment because his corrected condition did not substantially limit a major life activity, he had not told the company of a disability before the discharge decision, and he offered no evidence that the documented performance reasons were a pretext.
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