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Sleep deprivation is no excuse! Supervisor fired for sleeping on duty

June 2021 employment law letter
Authors: 
Tim Murphy, Skoler, Abbott & Presser, P.C.

A Massachusetts federal court judge recently put to bed the claims of a former transit cop fired for sleeping on the job. The Massachusetts Bay Transportation Authority (MBTA) runs the public transit system in the Boston-metropolitan area. Michael Rae was a lieutenant in the MBTA’s police department until he was fired for sleeping on the job on multiple night shifts. He sued the agency and several of his former managers in federal court claiming the firing was racially motivated. Here’s what happened.

Catching the Z train

Rae, who is white, supervised the overnight shift in the autumn of 2016. As the highest-ranking officer on duty, he was expected to work from the duty supervisor’s desk within the dispatch area of an MBTA facility. While investigating something else, however, the agency discovered he wasn’t cut out for sitting behind a desk.

Apparently, Rae preferred a cot. More specifically, he preferred the cot (and the sleeping bag, blanket, and pillow) he brought in and set up in the “night lieutenant’s office” after changing the lock on the only access door (without permission). He also had a computer and filing cabinet in the office. The cabinet was labeled “Superior Officer’s Association.” He was also the union president.

Ultimately, the MBTA’s investigation into Rae’s sleeping on the job concluded that over a three-month period, he slept for more than 176 hours while on duty. He was fired by Chief Kenneth Green, who is black, after a disciplinary hearing conducted by a white hearing officer.

Wake-up call

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