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Article Index » disability discrimination » major life activity » Sleeping
Report Link Employer May Not Count Disability-Induced Absences against Employee, Federal Court Rules.
Jackson Lewis LLP - September 30, 2009
Managing workers with chronic conditions who require intermittent leave is difficult, the U.S. District Court for the District of Oregon has reminded us. The Court has denied an employer’s motion for summary judgment on an employee’s claims under the Americans with Disabilities Act, the Family and Medical Leave Act, and the Oregon Family Leave Act. It has held that the employee, who suffered from narcolepsy, had raised sufficient issues of fact for trial regarding, among other things, whether she was substantially limited in the major life activity of sleeping and whether the reason for her discharge – excessive absences – was pretextual.
Report Link Sleeping and Sexual Relations are Major Life Activities under Disability Laws, D.C. Court Rules.
Jackson Lewis LLP - August 08, 2008
The federal appeals court in the District of Columbia has ruled, in separate decisions, that sleeping and engaging in sexual relations constitute major life activities for the purpose of determining whether an individual suffers from a "disability" under the nation's disability discrimination laws. Desmond v. Mukasey, No. 07-5139 (July 1, 2008); Adams v. Rice, No. 07-5101 (D.C. Cir. July 18, 2008).

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