The saying that the cure is sometimes worse than the disease has
taken on new meaning for employers in light of a recent decision by
the U.S. Court of Appeals for the Third Circuit. In Sulima v.
Tobyhanna Army Depot, No. 08-4684, 2010 U.S. App. LEXIS 7459
(3d Cir. Apr. 12, 2010), the Third Circuit held that the
side-effects of medical treatment can qualify as a disabling
impairment under the Americans with Disabilities Act
("ADA"), even if the underlying condition does not.
The ADA prohibits covered employers from discriminating against
employees on the basis of disability, and requires covered
employers to reasonably accommodate disabled employees. A person is
considered "disabled" under the ADA if he or she has a
physical or mental impairment that substantially limits a major
life activity. The phrase "major life activity"
encompasses a wide array of activities, such as standing, walking,
driving, seeing, speaking and working, to name just a few.
Regulations issued
