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COURT SAYS, “SLEEPWAKING INTO CO-WORKER’S” BED NOT PROTECTED

We can’t think of the last time we agreed with an employment law decision out of the 5^th Circuit Federal Court of Appeals in Louisiana.  Indeed, we often wonder whether it is still angry over the Emancipation Proclamation, giving women the right to vote, and virtually all statutory employee rights. We were reminded of its anti-employee, knuckle-dragging approach to the law when we read its most recent employee-rights proclamation.  It seems the employee suffers from a disability that causes her to sleepwalk. So, one night while off-site at a training conference, she got up, left her room, walked to a co-worker’s room, knocked, was let in, and promptly got into his bed. The room’s occupant called security and got her safely back to her own room. Everyone agreed she was sleepwalking and that was due to a disability.  Consequently, when her employer fired her, she filed suit claiming disability discrimination. It seemed like a slam-dunk win for her, e.g., no dispute she is disabled or that it caused the sleepwalking, it occurred outside duty hours, no one was harmed, etc. But the good old boys and gals at the 5^th Circuit, still reliving the pre-Civil War glory days and led by the Bible-slinging Supreme Court Justice Alito, upheld her termination by… Continue reading →