• FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
        • Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Creating a Legally Sound Remote Work Policy: The 5 Biggest Pitfalls to Avoid
          Employment Law
          FMLA Cheat Sheet: A Handy At-A-Glance Guide
          HR Career & Self-Care
          Lead Magnet: 110 Traits of Highly Effective HR Pros
          11 Traits of Highly Effective HR Pros
          Recruiting
          New Employee Checklist
          Recruiting
          How to Write a Job Description Worksheet
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Could meds' adverse side effects count as disability?

Tim Gould
by Tim Gould
May 10, 2010
2 minute read
  • SHARE ON

Can the side effects of prescription medications qualify as disabilities all by themselves?
The answer’s yes, according to a recent federal appeals court ruling.
It’s an intriguing case: A civilian employee at the Tobyhanna Army Depot in Pennsylvania was diagnosed with sleep apnea. His doctors said it was probably caused by his obesity.
In order to help him lose weight — and lessen the symptoms of the sleep disorder — the man was prescribed a medication designed to “bind” some of the fat in his diet. The problem, to put it elegantly, was that the medicine made him have to go to the rest room. A lot.
One workday, according to court papers, the man spent two hours in the bathroom.
Eventually, the man was let go in a layoff. He sued, saying he’d been terminated because of his disability — the side effects of the prescribed weight-loss meds.
Employee had option to change
The key fact in the case: The man didn’t claim his morbid obesity or sleep apnea were disabilities. So the question for the court amounted to: Were the man’s bathroom difficulties — caused by his weight loss medicine — covered under the Americans with Disabilities Act (ADA)?
The judge said no — but only because the employee had the option to ask his doctor to change his meds.
In other circumstances, the judge ruled, side effects from medication and medical treatments could qualify as disabilities. The court cited three scenarios:

  • The treatment is required “in the prudent judgment of the medical profession”
  • The treatment  is not just an “attractive option”, and
  • The treatment is not required solely in anticipation of an impairment resulting from the (patient’s) voluntary choices.

Because the man had other options for treatment, his prescription didn’t fall under the umbrella of  “required in the prudent judgment of the medical profession,” the court ruled.
Cite: Sulima v. Tobbyhanna Army Depot et al.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Staff Administration
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2022 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader