In news that makes you want to slap somebody ...
An administrative law judge ruled today that a state worker who was fired in 2008 for repeatedly sleeping on the job could not get her job back.
The case of Elsie Hinton, a $55,000-a-year artist at the Department of Transportation when she was dismissed, now goes to the State Personnel Commission for a final decision. If either Hinton or the transportation department is unhappy with the result, they can take the case to the state courts.
Hinton said she didnt know if she would pursue the case further.
Hinton complained, though, that she was a victim of discrimination under the Americans with Disabilities Act, saying her sleep apnea was a handicap. Documents she filed in the case said she uses a breathing mask and special device to sleep and night, but the device was malfunctioning at the time of the sleeping incident that led to her dismissal.
Lassiter ruled that Hintons problem did not fit within the definition of a disability established by the courts.
Read the rest of this Charlotte Observer article, by Mark Johnson, here.
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