State settles with former University of Iowa secretary fired for sleeping at work

IOWA CITY — The state of Iowa last month agreed to pay a former University of Iowa secretary $35,000 after she was fired for sleeping on the job — despite reporting a related disability necessitating workplace accommodations she said UI failed to provide.

Peggy Waters, 58, sued the university in October 2017 — after first filing a complaint with the Iowa Civil Rights Commission accusing UI of employment discrimination. In her lawsuit, parts of which UI officials disputed, Waters reported suffering from sleep apnea in 2014 while working at the UI — a job she began 16 years earlier in November 1998.

The apnea hindered Waters’ ability to sleep, read, concentrate, think, communicate and interact with others, according to her lawsuit. It prompted her to seek UI accommodations — such as frequent breaks, different work hours, approval to get up and walk around, and a standing work station.

Instead, Waters “received written reprimands and suspensions for falling asleep while working,” according to her lawsuit, which noted the discipline came while she was on medical leave “for her health issues” and while the UI was aware she was getting help for her conditions.

The university fired Waters in September 2015 “for sleeping on the job” — although she was reinstated for a period, according to the lawsuit. Before being terminated again in November 2015, Waters said she had been offered a position in another department “working away from the public.”

“However, she was terminated before the transfer could be completed,” according to the lawsuit, in which Waters reported getting treatment since her firing that has controlled her disability.

State attorneys disputed the allegations in court documents and said Waters’ “request for accommodation would and did impose an undue hardship” on the university.

Still, in accusing the UI of depriving her of wages and causing emotional distress, Waters demanded a jury trial. That trial was scheduled for December until the recent settlement, signed July 26.

According to the agreement, the state will pay Waters $23,146 for lost wages and non-wage damages and another $11,854 for attorney fees.

Vanessa Miller covers higher education for The Gazette.

Comments: (319) 339-3158; vanessa.miller@thegazette.com