A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance expectations. The Sixth Circuit Court of Appeals affirmed a district court’s grant of summary judgment to the employer, ruling that the employee had failed to show that he was disabled or had engaged in “protected activity” as defined by the ADA, and that his sleeping difficulties had been caused by his own “horrible sleep hygiene,” rather than a medical condition. Neely v. Benchmark Family Services, No. 15-3350, Sixth Circuit Court of Appeals (January 26, 2016).

Factual Background -

David Neely was hired by Benchmark Family Services as a support specialist in December of 2011. Within two weeks, he was promoted to support administrator.