The following article was first published on Shipman & Goodwin attorney Dan Schwartz’ Connecticut Employment Law Blog. It is reposted here with permission.
In a classic Seinfeld episode, George Costanza once built a bed under his desk at Yankee Stadium so he could nap during the workday.
But note to future employees: Sleeping on the job can (and probably will) get you fired on the job and the courts can (and likely will) dismiss a lawsuit against the employer on those grounds.
As recounted In a recent District Court of Connecticut decision, an employee testified in his own deposition that he repeatedly fell asleep during virtual meetings and responded to colleagues with “senseless babble and incoherent thoughts.”
Perhaps not surprisingly, the court granted summary judgment to the employer on both the ADA and Connecticut Fair Employment Practices Act claims; but the decision offers some useful guidance on what it means to be “qualified” under disability discrimination law and how an employer can prevail when the interactive process breaks down.
The Court’s decision in Belval v. Electric Boat, spells out a notable set of facts: Zacchery Belval worked for Electric Boat, the submarine manufacturer in Groton, beginning in 2017.
He held the position of mechanical designer, supporting the design and construction of nuclear submarines for the U.S. Navy.
Belval has a complex medical history, including a congenital heart defect, heterotaxia, the lack of a spleen, an impaired...
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