Seyfarth Synopsis: Do employers have to let employees sleep
on the job as a reasonable accommodation for a disability? While
far from being decided, a recent federal case in the Southern
District of New York addresses the issue.
Let's face it, we all get tired from time to time. While on
the clock, however, sleeping at work is a practice that employers
invariably frown upon. Earl Beaton learned this the hard way when
he was fired from his job with New York City's Metro Transit
Authority (MTA) after briefly nodding off during his shift. But Mr.
Beaton's situation is not as clear as it seems because he fell
asleep due to a side effect caused by his necessary prescription
medication. Mr. Beaton did not intend to take his termination lying
down, so he filed suit against his former employer for
discriminating against his disability.
