Self Described "Happy Drunk" With Sleep Apnea Was Not Disabled: Adjudicator

"Not every ailment amounts to a disability", an adjudicator has held, in dismissing an employee's grievance. Employers who often wonder what types of ailments or conditions amount to "disabilities" will find this decision interesting.

The employee had an erratic attendance record. The employer imposed reporting requirements on the employee as to when and how he must report to his supervisor if unable to arrive at work at all or on time. The employee breached those conditions and was disciplined. The employee then filed grievances challenging the discipline and alleging that the conditions were unfair, constituted harassment, and failed to take into account his sleep apnea and drinking problem.