Sleepwalking employee unable to rouse 5th Circuit

On July 18, 2022, the U.S. 5th Circuit Court of Appeals, whose rulings apply to all Texas employers, reasoned that an employee whose sleepwalking condition—known medically as “somnambulism” and afflicts 4,000,000 Americans—was not protected by the Americans with Disabilities Act (ADA). The court ruled the employee was fired not because of her involuntary condition but because of her workplace conduct caused by the condition.

Sleepwalking into hotel room next to hers

Jennifer J. Harkey was a 10-year employee of NextGen Healthcare. In September 2018, with an unblemished employment record, she received a promotion effective November 1, 2018. But she would never assume the position because she was fired on October 16.

Why was she fired? While attending an out-of-town national sales meeting, she fell asleep watching television. Without waking, she left her room, knocked on the door of the room next door, which was occupied by another company employee, Scott O’Donnel. He let her in, and she proceeded to get into his bed and pull the covers over herself. When O’Donnel asked what she was doing, she said nothing. Nothing untoward occurred.