Sep 1993 · Alabama, United States
Wood yard worker with sleep apnea and narcolepsy found asleep on a front-end loader is fired; court rules constant alertness an essential function under federal disability law
A long-serving wood yard worker at a forest products company's mill in Alabama, who unloaded log trucks and drove a front-end loader and chip trucks, began falling asleep at work daily. He was seen asleep on the loader while it was in gear, was laid off for over three months to address his sleep disorder, and after returning was found with his eyes closed on the loader again and fired for repeated sleeping on the job. The federal court granted summary judgment for the employer, holding he was not a qualified individual under federal disability law because constant alertness was essential and an employer need not wait for an accident.
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