Comment

Comment by Mike Grill on March 16, 2009 at 12:40am

Sorry this reply is ten days after the fact but I am a new member and just read the discussion.
There are a number of factors at issue here. First, I would argue that sleep apnea does negatively affect a major life function, that being sleep. Just as we cannot live without breathing, we also can not live without sleep. Secondly, an employer is only responsible to make a reasonable accommodation if they have been made aware of a disability by the person with the disability. In the currently pending case, we do not now if this was done. Thirdly, the word reasonable means just that. would it be reasonable for a company to build a room or lounge where employees could sleep on their breaks or when they got drowsy? Reasonable is in the eyes of the beholder. Lastly, even without knowing all the facts in this case, I would be willing to bet that she was not fired for just falling asleep once. I am sure there was a pattern of behavior (falling asleep) that led to the termination. what the woman should have done was gone to her doctor and got a note to work half days or another adjusted schedule until she could have gotten her CPAP repaired or replaced. One last thing, a disability has nothing to do with whether something is treatable or not. If a person has a physical or emotional medical condition that does not permit them to function as someone who is perfectly healthy, then they have a disability. A person who lost both legs is disabled is he not? The fact that he can get around in a wheel chair and still drive a car with hand controls does not eliminate the disability. On a personal note, I am a disabled veteran. I take medication which controls the symptoms yet I am still and will always be disabled. A temporary disability, like a broken leg is different because the disability is only temporary until the leg heals.

Comment by Mike on March 5, 2009 at 12:34pm

one thing i picked up on that seemed out of whack to me was her lawyer likened sleep apnea to epilepsy, the connection being that in both cases the person has no control over when sleepiness occurs. as lots of people are saying here, we DO have control, so i don't buy that argument. think the lawyer saw that epilepsy qualified as a "disability" so he's sort of trying to put a square peg into a round hole.

Comment by Jeffrey Donaldson on March 5, 2009 at 12:15pm

In my opinion, sleep apnea is not a disability, but a cronic disease that is treatable. If you have diabetes, you manage it with diet and/or medication. It only becomes a disability if it's untreated. Being disabled only means that there are some things that you will never be able to do. Having sleep apnea is treatable and being on C-Pap, I can do anything that I did before I had it.

Comment by Monica on March 5, 2009 at 11:40am

I'm not sure that I agree that it is a disability either - maybe in extreme cases when several avenues of treatment are unsuccessful, but just because she was falling asleep at work? I agree with the others - it was her responsibility to get her machine checked out and repaired/replaced. If she was in the process of doing so and waiting on the fix, she should have talked to her employer about the situation and told him/her what might happen ahead of time - maybe she should have taken a few days off until things improved or taken a nap in her car at lunch. Expecting the employer to make reasonable accomodations for those who are disabled does not include a place to nap, but could have (maybe?) included a little leeway? Most employers are willing to work with someone worth keeping as an employee.
Above all else, she should have talked to her employer ahead of time, like the day it all started, instead of waiting until they fired her and suing them - she will probably have a hard time getting hired somewhere new because of it, too. But, then again, the way our system works sometimes, she'll probably win and get some monster settlement and be set for life. Insanity . . . it's all about attitude. LOL

Comment by sleepycarol on March 5, 2009 at 8:18am

With most things in life, there are exceptions to everything it seems.

There are probably extreme cases where sleep apnea does have a limiting effect on one of the major life activity, but very few, in my opinion, that would fall in to this catergory. Having a malfunctioning cpap, or simply not treating the sleep apnea should NOT constitute a reason. If extensive testing has been done, all avenues have been exhausted, and it is documented that treatment is unsuccessful, one would probably have other comorbid conditions that would contribute to the "disability."

What constitutes "reasonable accommodations?" Should companies provide an area for napping? Should they provide the equipment/treatment? In my opinion, these are not reasonable to expect companies to provide.

Comment by Mike on March 4, 2009 at 10:52pm

Claude, the facts here show that she was diagnosed, and successfully treated with CPAP. Her CPAP machine was "malfunctioning" whatever that means. So at that point, I think it was on her to trouble-shoot the problem.

Comment by Claude on March 4, 2009 at 10:49pm

Does her health insurance cover sleep apnea related expenses: masks, machines, sleep test to begin with? That's one of the big challenges in a lot of plans; to somehow get tested before the doctor will prescribe the treatment. Most plans I have checked with will not cover the sleep tests, but will cover treatment; the doctor is hesitant to prescribe treatment without the sleep tests, so you are caught in the middle.
I think the insurance companies (as well as self-insured employers) need to be more cognizant of the problem and add this coverage.
I wonder if that could be worked into the ADA 'reasonable accomodation'?

Comment by Mike on March 4, 2009 at 10:49pm

My own opinion is that Sleep Apnea is certainly NOT a Disability within the meaning of the ADA when you are able to manage it with CPAP.

Comment by sleepycarol on March 4, 2009 at 10:07pm

Attitude is the key, in my opinion, on whether you see sleep apnea as a disability.

In my opinion, NO it is NOT a disability as it does not affect a major life activity to the extent that we are unable to live life to the fullest. If you KNOW you have sleep apnea and is treatable -- and if you do NOT treat it, then YOU are at fault -- it still does not make it a disabilty.

I could easily blame my weight issues on sleep apnea, my depression, high blood pressure, anxiety attacks, and other ailments that I may have on sleep apnea.

Yet, look around the world you live in -- there are those that are unable to see, hear, walk, have poor bodies that are all deformed, mentally retarded, and the list could go on with true disabilities.

Do I want to wallow in self-pity or have others pity me because I have sleep apnea -- NO way!!

For those that are unwilling to treat their sleep apnea -- they have only themselves to blame and should not hold society responsible. Even those on limited incomes can typically find work arounds if they truly desire treatment.

I like to remember this true story -- we had a girl at a local high school that lost her lower arm and hand. She was a very proficient ball player and did not know what the meaning of the word CAN'T meant. She graduated near the top of her class, played sports, worked a part time job, and never viewed herself anyway but "normal." She is a true inspiration to those that know her.

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