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The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC Regulations . . ., 2011). Therefore, some people with sleep disorders will have a disability under the ADA and some will not.
Approximately 40 million people in the United States have a chronic sleep disorder. It is estimated that sleep loss issues cost employers $18 billion in lost productivity. While a sleep disorder may be a disability under the ADA, not all sleep disorders will be. So what do you do when you catch an employee sleeping at work? If you have a policy against sleeping on the job, you should be able to disciple an employee for violating the policy, right?