Can you be fired for falling asleep at work due to sleep apnea?

In the United States, the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination in employment, including discrimination based on sleep apnea. Under the ADA, an employer is required to make reasonable accommodations for an employee's disability, unless doing so would cause an undue hardship on the business.

If an employee has sleep apnea, they may be entitled to accommodations such as a flexible work schedule, a quiet workspace, or the ability to take breaks to use a CPAP machine. However, an employer is not required to tolerate excessive or habitual sleeping on the job, even if it is caused by a disability.

If an employee with sleep apnea is frequently falling asleep at work, the employer may take disciplinary action, up to and including termination of employment, if the employee's sleep apnea is interfering with their ability to perform their job duties. However, the employer must engage in an interactive process with the employee to identify potential accommodations that could help the employee succeed in their role.

Ultimately, whether an employee can be fired for falling asleep at work due to sleep apnea will depend on the specific circumstances of the case, including the severity of the employee's sleep apnea, the impact of the employee's sleepiness on their job performance, and the employer's efforts to accommodate the employee's disability.

It is important for employees with sleep apnea to be proactive in managing their condition and communicating with their employer about their needs. By working together, employees and employers can often find solutions that allow employees with sleep apnea to succeed in the workplace.