Sleep Is Major Life Activity For Purposes Of The Rehabilitation Act
The Rehabilitation Act of 1973 prohibits federal agencies from discriminating in employment on the basis of disability, defined in part as “a physical or mental impairment which substantially limits one or more major life activities.” In this case, after being dismissed from the FBI Academy, Martin Desmond brought suit under the Rehabilitation Act, alleging that the FBI discriminated against him because of his post-traumatic stress disorder, a mental impairment that substantially limited him in the major life activity of sleeping.
The district court granted summary judgment to the government on the discrimination claim, holding that Desmond had failed to demonstrate a substantial limitation in sleep, and that even if he had done so, he had failed to show that the FBI's reasons for dismissing him were pretextual.
On appeal, the D.C. Circuit reversed, holding that: (1) sleeping is a major life activity for purposes of the Rehabilitation Act; (2) Desmond had adduced enough evidence to allow a reasonable jury to find that he was substantially limited in that basic human function; and (3) by vigorously disputing the FBI's professed reasons for his dismissal, Desmond had created a genuine issue of material fact regarding the credibility of the FBI's explanation for its decision, rendering summary judgment on the pretext question improper.
Desmond v. Mukasey