California, United States of America
The following excerpt is from Snoeck v. Exaktime Innovations, Inc., B302178, B304054 (Cal. App. 2021):
Snoeck cites Overton v. Reilly (7th Cir. 1992) 977 F.2d 1190, 1195 for the proposition that an employee whose "sleepiness is a function of his disability" must be permitted to work if "he can still perform the essential functions of his job." Reviewing a grant of summary judgment, the appellate court there concluded questions of fact existed as to whether a terminated employee, who had a mental disability, still could perform the essential functions of his job when there was evidence he got his work done despite falling asleep at his desk at times "when he had nothing to do[, ] and his medication made him drowsy." (Id. at pp. 1191, 1195.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.