A sleeping problem can be a disability covered by the Americans With Disabilities Act. For a physical or medical condition to constitute a disability under the ADA three (3) things must be shown (1) that it is an impairment that (2) substantially limits (3) a major life activity.
Courts have ruled that sleeping is a major life activity, one example being Pack v KMart Corp, 166 F3d 1300, 1305 (10th Cir 1999).
To show that the sleep problem is a substantial limitation it must rise to the level of posing a significant restriction as to the condition, manner or duration of sleep compared to the average person. Berry v. T-Mobile USA Inc, 490 F3d 1211 (10th Cir 2007).
The bottom line on this is that the sleep problem must be a significant problem, one that markedly distinguishes the individual from the average person, none of whom sleep perfectly.
Lexington, Kentucky disability discrimination lawyer Robert Abell represents individuals and employees in cases under the Americans With Disabilities Act; contact him at 859-254-7076.
