Hello and thank you for allowing me the opportunity to assist you.
I'm sorry to say that you're in a tough spot. The Americans with Disabilities Act (ADA) requires an employer to make reasonable accommodations for an employee
with a disability so long as the accommodation is not overly burdensome. Unfortunately, an employer would likely have a good argument that it is overly burdensome for an employee to nod off at work.
But if you are fired, I would certainly file a charge with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for investigating illegal discrimination in the workplace. Once the EEOC investigates, it could agree that illegal discrimination took place, and attempt to work out a settlement with the employer. If the EEOC cannot work out a settlement, or if the EEOC does not find that there was illegal discrimination, then a person can request a right to sue letter, which gives her the right to sue her employer for violating the law. The EEOC's website, located HERE
, explains how to file a charge.
If you still have time to save the job, then I would reiterate to your employer your health issues, and request for an adjustment in schedule (if possible) that will help prevent you from nodding off in the future. In other words, I would show your employer that you are taking this seriously, and that you are taking the lead in making sure it doesn't happen again.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!
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