Skip to main content

DSPS/Sleep-Disorder Request For Accommodation, Progressive Disciplinary Action + Negative Performance Review. Discrimination?

Phoenix, AZ |

Can't fit all pertinent information, hitting main points for brevity:

On compressed nights, went to compressed days (not by choice) and complained of sleep deprivation within first month. Asked for a transfer to nights in light of medical issues, was promised it would happen.

For 3 years, opportunities to fill night positions have come and gone repeatedly. Rx medication for sleep and alertness while working, degrading health, major emotional distress, etc. Written up for excessive sick-time, + 2-3 days of the year where overslept. After which secured Intermittent FMLA.

Safety issues a concern. Received negative review/no raise. Outstanding record is now ruined. Hesitant to go to HR. Feels wrong and is headed to termination. Is this discrimination? Recommended next steps? Thank You!

Thank you for the answer thus far, definitely consulting with an employment attorney. In my own research, I've read of 'plain English' requests for accommodation. My main concern is this: because I have established that I have a medical sleeping problem (did not use the term 'disabled') and requested a shift change (did not use term 'accommodation') prior to any adverse actions taken, I am wondering if that is in the realm of protection under ADA.

+ Read More

Attorney answers 2

Best Answer

The fact that you didn't use the words "disability" or "accommodation" shouldn't hurt you. You may have a disability discrimination claim or a claim for FMLA interference, but you'd need to consult with an employment attorney to know for sure. These types of issues require a careful case-by-case analysis. Good luck.

My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.


You should consult with a local employment law attorney to explore your issue in depth. Address your reluctance with going to humanresources

All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer