Rousing Drowsy

The Future of Human Capital Management in the USA Do you think our competition have to deal with things like this?  OMG there is no end to the ways in which the courts can make it challenging for an employer.

Sidney Riddle was a manufacturing engineer for Hubbell Lighting Inc. (HLI) in Virginia. In 2010, Riddle was diagnosed with fibromyalgia, which caused him to sleep poorly and grow tired at work. Riddle admits that he fell asleep at his work station "on one or two occasions." In 2012, Riddle requested time off under the Family and Medical Leave Act (FMLA) due to his condition. HLI approved Riddle for FMLA leave provided he "call in [or] notify his supervisor." However, HLI terminated Riddle a few days later after he was caught sleeping at work. Riddle then sued HLI under the FMLA and the Americans with Disabilities Act (ADA). According to Riddle, HLI should have considered his nap to be FMLA leave. Moreover, HLI should have accommodated his disability by waking him up when he fell asleep. The Court rejected Riddle's FMLA claim. "In an FMLA case, whether the employer had notice of the employee's intention to take leave is a question of critical importance," the Court explained. "Riddle's complaint omits to mention, however, that he attempted to [call in or notify his supervisor before he fell asleep]. Without more, Riddle has not stated an FMLA claim." Still, the Court allowed his ADA case to proceed to trial. "Here, Riddle alleges that he had disabling fibromyalgia (which prevented him from sleeping), that HLI knew about his condition, and that he could satisfactorily perform his job if HLI would accommodate him by waking him up when [he] fell asleep," the Court wrote. "He further alleges that he requested such accommodation and HLI refused to provide it." "Construing Riddle's allegations in the light most favorable to him, he has stated a claim for failure to accommodate under the ADA," the Court ruled. [Riddle v. Hubbell Lighting (USDC WDVA 2013) no. 7:12cv00488] From Michael Salisbury, Principal of the Human Resource Alliance (HRA) at www.hralliance.biz