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Sleep apnea not a disability for ADA

Sleep apnea not a disability for ADA

Sleep apnea not a disability for ADA

Sleep apnea which impaired a worker’s ability to sleep at night, but did not impair his ability to breathe during the day, is not a disability under the Americans With Disabilities Act, a federal District Court in Philadelphia has held. An employee who suffers from the condition cannot make out a prima facie case of discrimination after his termination. The employee was a registered nurse at a Catholic home for developmentally disabled teenagers. He frequently arrived late for work because of his inability to sleep well at night. After several reprimands, he got a second alarm clock and had his wife wake him up in the morning. He was not late for seven months. He was then involved in a...

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