In a conversation about his tardy attendance, an employee tells
his manager he is having difficulty arriving to work because his
sleep apnea interferes with his rest and prevents him from waking
up on time. He adds that he is being evaluated for drugs that could
potentially help him. Is this a request for an accommodation under
the Americans with Disabilities Act (ADA)? In general, the answer
is probably yes, and the employer could face a potential disability
discrimination claim if the request is ignored.
Title I of the ADA
requires employers to provide reasonable accommodations to
qualified individuals with disabilities. Failure to provide an
accommodation is a form of disability discrimination. The
employee's request for an accommodation triggers an
"interactive process" to determine what accommodation
might be reasonable. To trigger the interactive process, the
employee does not even have to specifically mention the ADA or
state that he is requesting a
