In Desmond v. Mukasey, 07-5139 (D.C. Cir. July 1, 2008), the U.S.
Court of Appeals for the District of Columbia Circuit held that sleeping
is a major life activity for the purposes of the Rehabilitation Act of
1973. The act prohibits federal agencies from discriminating in employment
on the basis of disability, defined in part as an impairment which
substantially limits one or more “major life activities.”
Under the Code of Federal Regulations, major life activities mean
functions such as caring for one’s self, performing manual tasks,
walking, seeing, hearing, speaking, breathing and learning.
