It was a much better HR department when I worked there.

But then…I’m kinda evil…

I suspect there’s more background to this and talking the issue through with the doctor and having the doctor act as a go-between may help.

I don’t think that means that they can require a list of medications. Correct me if I’m wrong, Dan!

They also note explicitly that Question 6 guidance has been superseded. There are other resources out there so I won’t belabor the point but disability is determined taking into account a mitigating measure. The summary from the EEOC in 1999 — which should be further examined, I’m just doing a quick recap — provides the newer analysis.

“This year, the Supreme Court held in Sutton and Murphy that the determination of whether a person has an ADA “disability” must take into consideration whether the person is substantially limited in a major life activity when using a mitigating measure, such as medication, a prosthesis, or a hearing aid. A person who experiences no substantial limitation in any major life activity when using a mitigating measure does not meet the ADA’s first definition of “disability” (a physical or mental impairment that substantially limits a major life activity). In Albertsons, the Court extended this analysis to individuals who specifically develop compensating behaviors to mitigate the effects of an impairment. In so ruling, the Supreme Court rejected the Commission’s position that the beneficial effects of mitigating measures should not be considered when determining whether a person meets the first definition of “disability.”

In all of these cases, the Supreme Court emphasized that, consistent with EEOC’s position, the determination of whether a person has a “disability” must be made on a case-by-case basis. The Court stated that it could not be assumed that everyone with a particular type of impairment who uses a particular mitigating measure automatically was included — or excluded — from the ADA’s definition of “disability.” Nor does the definition of “disability” depend on general information about the limitations of an impairment. Rather, one must assess the specific limitations, or lack of limitations, experienced by a Charging Party (CP) who uses a mitigating measure or compensating behavior to lessen or eliminate the limitations caused by an impairment.

The Court also emphasized that the disability determination must be based on a person’s actual condition at the time of the alleged discrimination. Therefore, if a CP did not use a mitigating measure at that time, an Investigator must determine whether s/he was substantially limited in a major life activity based solely on his/her actual condition. For the purpose of determining whether a CP meets the definition of “disability,” speculation regarding whether the person would have been substantially limited if s/he used a mitigating measure is irrelevant.”