Employment law case analysis – sulima
Sulima worked for the Department of Defense. Because he was morbidly obese and suffered from sleep apnea, which is likely related to the obesity, his physician had him taking weight-loss medication. The medication caused gastrointestinal problems that required him to have to go to the restroom frequently—taking up as much as two hours time in an eight hour shift. His supervisor was unhappy with the amount of time he was missing from work and included him in a group of employees who were laid off due to a budget change. Sulima sued for disability discrimination, contending he was disabled as a result of his medication.
Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. There are however check points that need to be considered before a condition can warranty to be a disability under the ADA.
1) Treatment is required in the prudent judgment of the medical profession,
2) The treatment should not be just an attractive option,
3) That the treatment is not required…