According to <a target="_blank" href="https://www.abajournal.com/web/article/sleepwalking-employee-who-got-into-next-door-colleagues-hotel-bed-isnt-protected-by-ada-5th-circuit-rules" rel="nofollow noopener">this report</a> in the American Bar Association Journal, O'Donnell heard a knock on his hotel room door around midnight. When he opened it, he found co-worker Jennifer Harkey, clad in only a black robe. Taking a step back, he watched, stunned, as Harkey made her way to his bed, got in and pulled the sheets up to her face.
When O’Donnell informed his colleague that she was in the wrong room and then asked her to leave, she was unresponsive. According to court documents, O’Donnell said, “she just laid there, didn’t move and was nonresponsive to me asking her to leave and telling her she was in the wrong room.” Harkey did not touch O’Donnell during the incident. Moreover, O’Donnell states that she never propositioned him or sexually harassed him.