Medication's side effects may be protected under ADAAA

Q If an employee is on some kind of medicine for his back and we notice it causes mood swings and hostility toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with the employee.

A You do have rights, but be careful. While it may seem at first blush that an employer has the right to discipline or terminate an employee for hostility or insubordination toward his manager, your situation is more complicated and therefore requires a proper analysis. Since the mood swings apparently stem from medication the employee is taking for his back, you must proceed cautiously and consider the protections he is afforded under the Americans with Disabilities Act (ADA). Read More...