Opinions on Medlin vs. Springfield Metro Hous Auth

Hi fellow hosenoses,

I'd like to get your opinion -- what do you think would be a reasonable work accommodation to having sleep apnea, if any? In the case posted on this website on 8/9/10 http://www.leagle.com/unsecure/page.htm ... 0100806510 Medlin v. Springfield Metro Housing Authority, Medlin fell asleep repeatedly at work, blamed it on sleep apnea, and got fired. He sued for firing him with a disability, but because he hadn't asked for accommodations, he lost the case.

I'm thinking the best accomodation for sleep apnea is xPAP use at night, with each person monitoring their own data to maximize therapy.

* Do you think work accommodations could be warranted, and if so, what would be appropriate work accommodations to keep someone with sleep apnea on the job and performing well???

Happy Sleeper

Abusing the ADA and filing lawsuits like this really angers me. "Reasonable accommodation" does not mean special treatment or give you a "get out of jail free" card if you fail to perform your job due to your disability and never ask for any sort of accommodation. There really is no way to reasonably accommodate falling asleep on the job at random, especially if the employer had absolutely no idea that the employee has a medical issue.

I think requests for reasonable accommodations should be granted in accordance with the law, but the key word there is reasonable and that is pretty subjective. I was a stockbroker before I quit to raise my son... there was nothing my employer could do. The only treatment for my impairment was done at home, there was no special chair or footstool or sit-stand desk that I could use to help me perform my job better, and no special mealtime that I could take. Allowing me to sleep whenever I felt the urge (which was constantly) would have been detrimental to the business. The only thing I could ask for (and was granted) was having my lunch break at a consistent time every day so I could take meds.

http://askjan.org/

you might want to look at this site -

I wouldn't say this incident angers me. But I am curious what kind of accommodation an employer might give. There really is no way to accomodate falling asleep. Rather, it seems like this is such a severe case, applying for disability benefits might be more appropriate. Or, best yet, join cpaptalk, and get on a machine!

There's been several past discussions on disability and the ADA. The subject is of particular interest to me because in 2006 I had to quit working and my disability was finally approved after 3 years. Fortunately, I didn't have to, or choose to, go thru a bunch of mess or legalities with my employer as they were quite gracious and tried to accomodate my compromised functioning before I even claimed a disability. They allowed me as much schedule flexibility as the job duties could allow, and even allowed me to do some computer work from home. However, it became increasingly evident that I was no longer able to meet the job requirements and had no reason to expect that would change any time in the forseeable future. At that point, it was time for me to go. Tough but true. This is such a hot button topic, and there are so many variables from situation to situation. One size will never fit all. I do think if I were an employer and was making accomodations for a person with OSA, I would hope it would be required that the employee present proof of compliance with cpap treatment.

http://askjan.org/

Thanks Jules, The Job Accommodation Network site is very interesting. Perhaps reduced hours for the first few months of CPAP adjustment.

The idea of the Doze Alert on the JAN site is interesting, too; but I'm thinking that as an employee I'd rather buy it for myself and use it then have it be part of an accommodation plan:
http://www.sav-a-life.com/Doze_brch.htm

Or, best yet, join cpaptalk, and get on a machine!

I agree with many posts; we are responsible for compliance with our therapy. However, many compliant patients still suffer from memory loss and fatigue at the end of the day, and often all day while they are going through the initial stages of adjusting to CPAP. I appreciate the idea of an accommodation allowing a shift change to allow the employee to work when they are most alert.

Breakfast, I like your idea of a consistent lunch break too--I've not been able to count on that at any of my jobs. Alternately, I could take responsiblity by setting a wrist timer to go off at a certain time and take my meds.

Happy Sleeper

Some days, I just wish I were a cat--love your kitty avatar, Happy.

Thanks, Chunky. That's my beloved Jinx, who died on the same day that I started CPAP therapy (no connection). She was such a happy sleeper that I wanted her as my guardian angel. My daughter took this great picture. I like how her tail kind of looks like a cpap hose going up to her face. Happy Sleeper