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Friday, October 30, 2026

DISCRIMINATION—DISABILITY—3d Cir.:... - VitalLaw.com

She worked the midnight shift at a hospital in western Pennsylvania doing CAT scans.

A diabetic hospital employee, fired by West Penn Allegheny Health System after she was reported for allegedly sleeping on duty, failed to establish disability discrimination or FMLA interference, the Third Circuit affirmed. Though she denied sleeping, the employee said she “might have shut [her] eyes” to alleviate dry eye caused by a change in her diabetes medication, and emailed her manager a statement that she was “praying” for improvement and adjusting her medication, she never asked for a disability accommodation or medical leave. The federal appeals court also imposed sanctions against her attorney for, among other things, submitting a motion that included misquotations (Hileman v. West Penn Allegheny Health System Inc., No. 25-1459 (3d Cir. July 20, 2026)).

Midnight shift. The employee, according to the court, worked the midnight shift at Forbes Hospital, a part of West Penn Allegheny Health System, doing CAT scans.

First reprimand. About a year into her job, she was reprimanded for calling out of work too often. The reprimand form also advised her how to request disability accommodation or medical leave. She did not ask for either, however.

Reported by coworker. Five months later, in July 2022, a coworker reported the employee for allegedly sleeping on duty, texting during work, and failing to stock rooms. Though the coworker “d[id] not know for a fact... if [[the plaintiff]] [wa]s...



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