Seventh Circuit deals with ADA and FMLA in case of…

Seventh Circuit deals with ADA and FMLA in case of depressed employee sleeping on the job

In Byrne v. Avon Products, Inc. (7th Cir. 5/9/03), the plaintiff was terminated for sleeping on the job and failing to appear at a scheduled meeting.

Affirming summary judgment on his ADA claim, 7th Circuit rejected contention plaintiff should be accommodated by being allowed not to work while affected by depression causing sleep disturbances. Court states very broadly: “Inability to work for a multi-month period removes a person from the class protected by the ADA.”

This is typical of a series of 7th Circuit cases finding employees not protected under ADA if they require indefinite or lengthy leaves due to medical conditions.

On the other hand, summary judgment on FMLA claim was held improper due to genuine issue as to whether employer was on notice at time of termination that plaintiff had FMLA-qualifying condition. Change in employee’s behavior may have been enough to notify reasonable employer that plaintiff suffered from serious health condition, or evidence may establish that due to depression he was unable to provide adequate notice.

As if repentant about its stingy interpretation under the ADA, the court is is very generous to the plaintiff under FMLA.

Employers should always be aware that both statutes may apply where employees take time off for medical reasons.

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