Reference no: EM134014189

Question

David Neely long suffered from sleeping problems. He claimed that he had sleep apnea and would sometimes get only two or three hours of restful sleep per night. Consequently, he experienced fatigue and would often fall into "micro sleeps" during the day. Though Neely saw a couple doctors about his condition, he never followed up with testing they ordered. Nearly two years after visiting the doctors, Neely was hired by Benchmark as a Support Specialists and was quickly promoted to Support Administrator. Shortly after his promotion, Benchmark noted that Neely was struggling with the technical aspects of his job, general job performance, and attitude. Benchmark complained that Neely actively avoided new IT help tickets (a key aspect of his job), passed work to his supervisors before attempting to correct end user problems, and had work order response times that were nearly double those of his office peers. Benchmark also noted that Neely was "almost daily falling asleep at work." Benchmark demoted Neely. The week following the demotion, Neely's co-workers described his attitude as poor with regard to his supervisors and other staff members. Shortly thereafter, Neely was terminated. Neely sued Benchmark for discrimination under the ADA for failure to accommodate his disability. Does Neely have a case?