Sunday, May 2, 2010

Third Circuit Test for Medication or Treatment as a Disability

As you may recall, I recently announced that I am blogging on ELinfonet. My latest post is up: 3rd Cir. Addresses ADA Claims Based on Side Effects of Medication.

Brief Summary
Suppose an employee does not have a disability as that term is defined by the Americans with Disabilities Act. But, the employee is on medication or receiving a treatment that impacts his or her ability to work. Must employers provide reasonable accommodations under the ADA?

The Third Circuit adopted a 3-prong test for determining when medication/treatment constitutes a disability.

Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.