A staff lawyer for a government agency starts falling asleep at work. He is diagnosed with sleep apnea, given a device by his doctor (a Continuous Positive Airway Pressure machine) which allows him to sleep, work and concentrate without being affected by the sleep apnea. A little more than two months later, his employer tells him his work performance is unacceptable and that he can accept termination or transfer to a different position resulting in a $30,000 annual salary reduction. He accepts the transfer and sues under the ADA. Employer files a Rule 12(b)(6). This is laid out in the court's ruling on the 12(b)(6) in Orne v. Mark Christie, (E.D. Va. January 7,2013). The court's decision? Motion denied. Why? The state argued that because the machine fixed the medical issue, Orne did not suffer from a disability. Hit the BUZZER now, because that is wrong. The ADA amendments clearly state that mitigating measures for a medical condition are not to be considered in determining ADA coverage. (Just when was the state's law library last updated?) Today its sleep apnea, tomorrow an enlarged prostate? You bet. It is a different world with greatly expanded ADA coverage. Stay awake!