See how to determine whether a person has a disability under the americans with disabilities act amendments act adaaa. At a time he was suffering from undiagnosed obstructive sleep apnea.
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Subsequently the employee received medical confirmation that he suffered from severe obstructive sleep apnea syndrome.
Is sleep apnea a disability under the equality act. Osa and children if you suspect your child has sleep apnoea the great ormond street hospital for children has excellent information for parents on its website and you can reach it by clicking here. People who have obstructive sleep apnea osa experience disrupted breathing during sleep usually as a result of the relaxation of the muscles and soft tissues in the throat which relax and collapse to block the airway for 10 or. Obstructive sleep apnea or apnoea is the most common form of sleep apnea a common disorder in which you have one or more pauses in breathing whilst you sleep.
A disability as defined for the purposes of the equality act for that has largely superseded the dda is a condition which is a physical or mental impairment which has a substantial and long term effect on the person s ability to carry out normal day to day activities. Several types of sleep disorders exist and have various symptoms. Sleep apnoea and heavy snoring severe enough to interfere with sleep quality is probably much more common than is realised.
The americans with disabilities act requires that people with handicaps who can t use mass transit be given the option of using para transit. The americans with disabilities act. He sued the employer under the americans with disabilities act of 1990 ada and the pennsylvania human relations act.
Under the equality act 2010 ea a disability is defined as a physical or mental impairment that has a substantial and long term adverse effect on a person s ability to carry out normal day to day activities. Is osa obstructive sleep apnea covered under the dda. Your disorder may be covered under the americans with disabilities act.
The following day he was terminated. The employer argued that the employee was not disabled under the ada. Under the equality act 2010 which replaced the disability discrimination act a person may be considered disabled if they have a physical or mental impairment that has a substantial and long term effect lasting 12 months or more on their ability to perform day to day activities.
Staying employed with a sleep disorder. Americans with disabilities act sleep apnea eeoc office of legal counsel staff members wrote the following informal discussion letter in. Insomnia sleep apnea narcolepsy and restless legs syndrome are among the most common.
Having determined that sleep apnea is an impairment affecting a major life activity the determination whether sleep apnea is a disability under the ada depends in each case whether the claimant can prove that sleep apnea substantially limits the claimant s sleep or breathing for purposes of ada protection.
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