Last-minute disability claim doesn’t shield fired employee

“The disability-discrimination and medical leave laws are shields against discrimination, not get-out-of-discipline-free cards.” These were the first words spoken by a federal appeals court rejecting the discrimination, retaliation, and wrongful discharge claims of an employee fired for misconduct.

Sleeping on the job and claimed disability

Cheryl Hileman worked the night shift as a CT scan technician at Forbes Hospital outside of Pittsburgh, Pennsylvania. Roughly a year into her job, she was reprimanded for too many absences. Included in the reprimand were instructions on how she could request a disability accommodation or medical leave, if necessary. She never made a request.

Five months later, Hileman’s coworker reported that she was “sleeping on duty, texting during work, and failing to stock rooms.” Hospital policy prohibited sleeping on the job or positioning oneself to sleep and warned employees that they were subject to discharge for violating the policy.