When is it illegal to fire someone for sleeping on the job?

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in Discrimination and Harassment,Human Resources

Some disabilities require the use of medications with side effects. If one of those is sleepiness and fatigue, employers may have to accommodate those side effects.

That’s why it is crucial for you to begin the interactive process as soon as you learn that an employee is having trouble because of the medication he she uses. The worst thing you can do is to simply terminate the employee because he nodded off.

Of course, there are situations in which there is no way to accommodate sleepiness. For example, you can’t have a heavy machine operator nod off while moving equipment or a surgeon doze in the middle of an operation. But in other situations, it may be quite possible to make accommodations.

Recent case: James Halsey, who is gay and has HIV, went to work for JP Morgan Chase as an account executive in the home equity division. He didn’t disclose his HIV status at the beginning of his employment.

Then Halsey went to a ...(register to read more)

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