Prescription Medication Side Effects May Create ADA “Disability” Protection

Employees in the United States may be entitled to the protections of the Americans With Disabilities Act for impairments caused solely by their medical treatments, regardless of whether their underlying health problems are disabling.

The United States Court of Appeals for the Third Circuit ruled that an employee is entitled to protection under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), for an impairment he or she suffers as a result of taking prescription medication. Sulima v. Tobyhanna Army Depot, 2010 U.S. App. LEXIS 7459 (3d Cir. Apr. 12, 2010). The case and its implications are summarized in an article found here. For further information, please contact Frank Fazio -

Posted by Frank Fazio

2011-01-19 13:39:27