1.
Over view Case Study:
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
Solution
Affirmed. A non-permanent or temporary condition cannot be a substantial impairment under the
Americans with Disabilities Act (ADA). The side effects Sulima suffered from his medication
did not constitute a disability within the meaning of the ADA. Under the ADA, the effects of a
treatment can constitute a disability, even if the underlying condition is not itself disability, as
long as the plaintiff can show that 1) the treatment is required in the prudent judgment of the
medical profession, 2) the treatment is not just an attractive option, and 3) that the treatment is
not required solely in anticipation of an impairment resulting from the plaintiff
Decision
Affirmed. A non-permanent or temporary condition cannot be a substantial impairment
under the Americans with Disabilities Act (ADA). The side effects Sulima suffered
from his medication did not constitute a disability within the meaning of the ADA.
Under the ADA, the effects of a treatment can constitute a disability, even if the
underlying condition is not itself disability, as long as the plaintiff can show that 1) the
treatment is required in the prudent judgment of the medical profession, 2) the
treatment is not just an attractive option, and 3) that the treatment is not required solely
in anticipation of an impairment resulting from the plaintiff