I had a coworker who was hired with a strong resume and interview. The first day, he slept 3 out of 8 hours.... AND SNORED. (He was BIG).
So, after about a week, I say to my project manager, shouldn’t we do something about this? He told me they talked to him after his first day.
He boldly informed them that he was diagnosed with sleep apnea (sp?) and it would be a violation of the ADA to fire him or discipline him.
It’s also a violation to ask them during the interview if there are any medical issues that would impede their work.
G*d bless the USSA.
It is not a violation of the ADA to ask an applicant if he is capable of doing the job he is applying for.
The ADA states the employer gets to choose the accomotation for a disability, not the employee. I hope your employer hires a more effective HR manager.
That’s bull crap — Had a girl tell me the same thing once —looked at her employment application & she didn’t disclose conditions that would impede her from doing the job she was hired for. I went to her desk (where she was farting in her sleep) kicked her trash can across the room to wake her up & fired her ass. She had the balls to list me as a reference.
Years ago I also worked where a woman was suddenly nodding off at various hours of the day.
Same story- ‘she has a sleep disorder’- but then the laws about disabilities were not even thought of.
I got hot about it when I got this excuse...then I asked the boss “How can she DRIVE herself to work with her car if she is prone to suddenly dropping off to sleep?” Isn’t she a danger to herself and others on the road?
I actually wrote down her car license number and went quietly to the police station near my house and turned her in. Told them she had severe narcolepsy and should NOT be at the wheel of her car.
She left the company a short time later. Don’t know if I was part of the cause of her removal.
She got paid for her 8 hours the same as the rest of us. I was pissed. That had to be about 1969.