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Diabetes And The Disability Act

Is Someone With Type 1 Diabetes “disabled”?

Is Someone With Type 1 Diabetes “disabled”?

I have never been one to feel limited by monikers or labels. I am a woman, I am an athlete, I am diabetic, I am a sister, I am a friend, and I am disabled. None of those terms define me, but they are an authentic representation of who I am. The epithet in that list that might have surprised you (especially if you have seen me at work as a professional skier) is “disabled.” Now, I know what many of you are thinking. It goes something along the lines of, “My child with diabetes is not disabled,” or “I do not want to be viewed as disabled.” I have some news for you: if you have Type 1 diabetes, you are disabled. Now before you jump all over me, let explain few things about disability to you. I promise, I do not mean to marginalize you or the diabetes community by calling those with Type 1 diabetes “disabled.” Here is the thing, according to the Americans with Disabilities Act “An individual with a disability is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities or a person who has a history or record of such an impairment.” When a person’s pancreas doesn’t make insulin, the person’s body is unable to convert glucose into useable energy without exogenous insulin. Useable energy is required to live. Failure to thrive due to an organ not producing a hormone required to sustain life is a “physical impairment that substantially limits” the major life activity of living. If this isn’t enough to convince you that diabetes is a disability covered under the ADA, let’s take a look at the ADA Amendments Act of 2008, which explicitly names diabetes as a disability covered by the ADA. Simply put by the Department of Justice, “The Americans with Disabilities Act (ADA) is a civil righ Continue reading >>

Could Type 2 Diabetes Be A Disability Under The Equality Act 2010?

Could Type 2 Diabetes Be A Disability Under The Equality Act 2010?

Could Type 2 diabetes be a disability under the Equality Act 2010? Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition. In a previous case, the EAT decided that Type 2 Diabetes did not itself amount to a disability but in Taylor v Ladbrokes Betting and Gaming Ltd, the EAT again considered this question. The Tribunal held that Mr Taylor was not disabled based on the evidence before them, which focussed on Mr Taylors prognosis in the past, as the medical reports did not go into detail on the likely effect of the condition in the future. However, the EAT remitted the case back to the Tribunal for further expert evidence into ways in which Type 2 Diabetes can deteriorate and Mr Taylors future prognosis. It said that Even a small possibility of deterioration... is enough to result in the particular individual having such an impairment, as there were various possible complications over the long-term. For progressive conditions, the relevant question was whether the condition was likely to result in a substantial adverse effect on normal day to day activities. This case illustrates the complexity in establishing if a progressive condition is a disability and the importance of asking the right questions of the medical expert when a report is being compiled on the issue of a possible disability. Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley. For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at [email protected] Continue reading >>

Diabetes :: Los Angeles Disability Discrimination Attorney Law Offices Of David H. Greenberg

Diabetes :: Los Angeles Disability Discrimination Attorney Law Offices Of David H. Greenberg

Diabetes is a metabolic disorder characterized by high glucose blood sugar. The World Health Organization recognizes three main forms of diabetes: type 1, type 2 and gestational diabetes, which have similar consequences and symptoms but different causes and population distributions. Type 1 is usually caused by autoimmune destruction of the insulin producing cells. Type 2 is involves insulin resistance which can progress to loss of beta cell function. Gestational diabetes is due to a poor interaction between fetal needs and maternal metabolic controls. Types 1 and 2 are incurable but treatable with insulin. Diabetes can result in many complications. Acute glucose level abnormalities can occur if insulin level is not well-controlled, such as increased risk of heart disease, renal failure, nerve damage, impotence, and poor healing. WAYS IN WHICH YOU MIGHT BE DISCRIMINATED AGAINST BECAUSE OF DIABETES Your employer does not allow you to miss work for medical appointments Your employer does not accommodate your need to take a reasonable amount of time off of work Your employer will not provide reasonable on-site accommodations for your disability Your employer does not allow you to receive insulin shots at work or to leave to receive insulin shots Your employer does not accommodate your dietary needs HOW THE LAW PROTECTS YOU IF YOU HAVE DIABETES To state a cause of action for disability discrimination, an employee must be disabled, regarded as disabled, or have a record of being disabled. The employee must then show that: his or her disability results in physical limitations that he or she can still perform the essential functions of the job (with or without reasonable accommodations) and that the employer took some adverse action (such as not hiring, firing, or demoting the Continue reading >>

Americans With Disabilities Act Amendments Act Questions And Answers

Americans With Disabilities Act Amendments Act Questions And Answers

Americans with Disabilities Act Amendments Act Questions and Answers What is the Americans with Disabilities Act Amendments Act? The Americans with Disabilities Act Amendments Act (ADAAA) is a law that was passed in 2008. It amends the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 to make sure that people with diabetes and many other conditions are protected by these laws How does the ADAAA affect people with diabetes? The ADAAA makes it clear that Congress intends for people with conditions such as diabetes to be covered by the law and protected from discrimination on the basis of their diabetes. The ADAAA lists endocrine function as an example of a major life activity covered by the law. Since nearly everyone with diabetes is substantially limited in their endocrine system functioning, nearly everyone with diabetes will be eligible for ADAAA protection. Does the ADAAA change anything other than who is covered by the law? No. All other provisions of the ADA including the requirement for an employee to prove that the discrimination was because of diabetes and the employer's obligation to provide reasonable accommodations remain the same. Does ADAAA affect the rights of people with diabetes outside of the workplace? Yes. The revised definition of disability applies everywhere that federal disability laws apply including day care centers, schools, hotels, restaurants, concert venues, correctional institutions, and public transportation. Continue reading >>

Is Diabetes Covered Under The Americans With Disabilities Act (ada)?

Is Diabetes Covered Under The Americans With Disabilities Act (ada)?

As a woman with diabetes, you should be aware of how you/your disability (diabetes) are covered under the Americans with Disabilities Act. This varies based on your specific circumstances. The good news is that the you are more likely to be covered under the ADA since it was amended by Congress in 2008. In the past, diabetes often was not accepted as a disability under the ADA. However, Congress has made it clear now that it wants a much broader range of disabilities to be covered under the ADA. Congress wants the ADA to apply to most if not all conditions generally considered disabilities to the general public. While the three part ADA definition of a disability has not changed, the recent amendments modified the meanings of phrases used in the definition. The ADA definition of disability is: (1) Disability.--The term 'disability' means, with respect to an individual-- (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. Specifically, the amendments to the ADA require the Equal Employment Opportunity Commission to change their regulations 1) from a strict narrow interpretation of “substantially limits” to a broader more inclusive concept, 2) to prohibit the consideration of most mitigating factors when determining whether a disability is covered under the ADA, 3) to expand the definition of major life activities, 4) to assume that a condition is active even if a condition is currently or sometimes in remission and 5) to allow people that do not have a disability but are merely considered to have a disability to be covered under the ADA without having to show any limits to life activity. These are discussed below in m Continue reading >>

Disability Discrimination: Is Type 2 Diabetes A Disability?

Disability Discrimination: Is Type 2 Diabetes A Disability?

The Employment Appeal Tribunal (EAT) has recently considered whether type 2 diabetes was a 'progressive condition' and therefore covered by disability discrimination law. The legal framework Under the Equality Act 2010 (the 'Act'), a person can only claim disability discrimination if they can show that they are 'disabled'. Under the Act there is a legal definition of disability which provides that a person has a disability if they have, 'a mental or physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.' Individuals suffering from conditions that are deemed to be progressive in nature (that is likely to get worse overtime) may still satisfy the definition of disability if they can show that their condition causes an impairment that has some impact on their ability to carry out day to day activities and that it is likely that the condition will result in future substantial adverse effects. In 2009 the Supreme Court held that 'likely' in this context meant 'could well happen'. In an earlier case, Metroline Travel Limited v Stoute, the EAT held that an individual suffering from type 2 diabetes capable of being controlled through an abstinence of sugary drinks was not disabled. The facts In Taylor v Ladbrokes Betting and Gaming Ltd, the claimant had been dismissed in November 2013 by reason of incapacity or misconduct. Following his dismissal the claimant alleged that he had been suffering from a disability (type 2 diabetes) for a period of nearly 12 months prior to the dismissal. He claimed unfair dismissal and disability discrimination. The employer obtained a report from a physician with a particular interest in diabetes. The questions posed to him and the information provided largely related t Continue reading >>

Diabetes At Work: How To Avoid Disability Discrimination

Diabetes At Work: How To Avoid Disability Discrimination

Diabetes will increasingly present a challenge at work as the number of people with the condition rises and more employees could be viewed as disabled. Akshay Choudhry, an associate at Burges Salmon, considers the implications. According to NHS Choices, 3.9 million people in the UK now suffer from diabetes. By 2025, this figure is expected to rise to five million; equating to more than 1 in 13 people. As it grows as a public health threat, diabetes at work will increasingly present a challenge as more employees could be viewed as disabled As many will know, there are two main types of diabetes: type 1 and type 2. It is the latter type that is on the rise due to its link with lifestyle factors such as obesity and unhealthy diets. While the European Court of Justice (ECJ) decided last year, in Karsten Kaltoft v Kommunernes Landsforening, that obesity itself is not a protected characteristic for the purposes of discrimination, its consequential effects – such as type 2 diabetes – can amount to a disability. Diabetes and disability discrimination resources While a diagnosis of diabetes does not automatically mean that an individual is disabled, those with the condition may qualify as disabled under the Equality Act if they meet the statutory test. In essence, it is the degree to which the diabetes impacts on the employee’s ability to carry out their day-to-day activities that determines whether or not they are afforded protection. Applying the disability test to diabetes The Act, which is supported by guidance on what can be taken into account in determining disability (the guidance), suggests that when determining whether or not the test of disability is met: if a condition is treated or corrected, the effect of that treatment or correction should be ignored when ass Continue reading >>

The Americans With Disabilities Act And Diabetes

The Americans With Disabilities Act And Diabetes

The Americans With Disabilities Act and Diabetes Diabetes Care 1994 May; 17(5): 453-453. This is a PDF-only article. The first page of the PDF of this article appears below. Pay Per Article - You may access this article (from the computer you are currently using) for 1 day for US$35.00 Regain Access - You can regain access to a recent Pay per Article purchase if your access period has not yet expired. Sign In to Email Alerts with your Email Address Thank you for your interest in spreading the word about Diabetes Care. NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. We do not capture any email address. Enter multiple addresses on separate lines or separate them with commas. (Your Name) has forwarded a page to you from Diabetes Care (Your Name) thought you would like to see this page from the Diabetes Care web site. The Americans With Disabilities Act and Diabetes Joan M Heins, Cynthia L Arfken, Walter R Nord, Cheryl A Houston, Janet B McGill Diabetes Care May 1994, 17 (5) 453; DOI: 10.2337/diacare.17.5.453a Continue reading >>

Workplace Discrimination And Diabetes: The Eeoc Americans With Disabilities Act Research Project.

Workplace Discrimination And Diabetes: The Eeoc Americans With Disabilities Act Research Project.

Workplace discrimination and diabetes: the EEOC Americans with Disabilities Act research project. Department of Rehabilitation Counseling, Virginia Commonwealth University, Richmond, 23298, USA. [email protected] Using the Integrated Mission System of the Equal Employment Opportunity Commission, the employment discrimination experience of Americans with diabetes is documented. Researchers compare and contrast the key dimensions of workplace discrimination involving Americans with diabetes and persons with other physical, sensory, and neurological impairments. Specifically, the researchers examine demographic characteristics of the charging parties; the industry designation, location, and size of employers against whom complaints are filed; the nature of discrimination (i.e., type of adverse action) alleged to occur; and the legal outcome or resolution of these complaints. Findings indicate that persons with diabetes were more likely to encounter discrimination involving discharge, constructive discharge, discipline and suspension - all job retention issues. Persons with diabetes were less likely to encounter discrimination involving hiring, reasonable accommodation, non-pension benefits, and layoff. They were also more likely to encounter discrimination when they were older or from specific ethnic backgrounds, or when they worked for small employers or in the Southern United States. Implications for policy and advocacy are addressed. Continue reading >>

Laws That Protect People With Type 1 Diabetes

Laws That Protect People With Type 1 Diabetes

Federal Legislation has forever changed the way that individuals live with Type 1 diabetes and other disabilities. The fight to have governmental involvement in advocacy across the globe has been a slow and sometimes frustrating process, however it continues to progress. The United States: Americans with Disabilities Act The most far-reaching legislation for those with disabilities is the Americans with Disabilities Act (ADA). Passed in 1990, the ADA prevents discrimination against qualified individuals on the basis of disability. Under Title I of the ADA, private employers with 15 or more employees, states, and local governments cannot require a medical examination before offering a new employee a job. This means your future employer cannot ask you whether you have diabetes before hiring you. Furthermore, once hired, an employee with diabetes can request reasonable accommodations, such as extra breaks to eat, test blood sugar levels, or take medication. If such accommodations are not an undue hardship to the employer, the employer must fulfill the requests. Under Title II of the ADA, state and local governments must provide you with services that are not any different from those they provide people without a disability. They must not screen out or exclude you because of your disability and they must modify their policies and provide reasonable accommodations if necessary. For example, a courthouse should permit you to carry your diabetes supplies with you even if it means a modification of a general policy against allowing sharp objects and food. Under Title III of the ADA, providers of public accommodations, such as daycare centers and recreational programs, must provide you with services that are not any different from those they provide people without a disability. Continue reading >>

Disability Discrimination Act (dda)

Disability Discrimination Act (dda)

This is the executive summary of an excellent document prepared especially for diabetes-insight.org.uk by Lady J, one of the members of our forum, who is an employment lawyer by profession. The full document can be downloaded in .pdf format (see home page for a link to download Adobe reader should you require it). The Disability Discrimination Act is designed to stop discrimination against disabled people in the work place; In many cases, people with diabetes will be considered to be disabled for the purposes of the Act; Whether or not someone is disabled will depend on their own individual circumstances; The Act is designed to prevent four main types of discrimination: Direct discrimination (discrimination against someone because they have diabetes); Disability-related discrimination (discrimination against someone for a reason related to their diabetes for example, because they spend too much time away from their desk testing blood glucose); Failure to make reasonable adjustments (all employers must consider making reasonable adjustments for their disabled employees); and Victimisation (taking action against someone because they have complained of being discriminated against or because they have complained about a failure to make reasonable adjustments). The Act protects people from discrimination in employment at the stage of recruitment, whilst in employment and after their employment has ended; Disability-related discrimination is one of the more common forms of discrimination , but it may be justified in certain circumstances where, for example, it is not possible for the employer to employ the employee safely; Failure to make reasonable adjustments is also common. A reasonable adjustment could be time off to attend a clinic appointments, or provision of a clean, Continue reading >>

Diabetes Discrimination Resource Page

Diabetes Discrimination Resource Page

While we would like to believe the world is perfect, some of us may experience discrimination due to having diabetes. It is not limited to the workplace, but can even affect the care your child receives when in school, social security benefits, or even in public where they do not accommodate properly for your needs. It’s important to know what your rights are, and what help you are entitled to receive due to this. We have listed the most important resources that you can use to help you with any discrimination issues that you may encounter. Official Federal Legislation Information US. Equal Employment Opportunity Commission (EEOC) The U.S. EEOC enforces federal legislation against the illegal activity of discrimination against an employee or a job applicant because of different factors such as race, color, sex (including sexual orientation, gender identity, and pregnancy), religion, national background, age, disability status, or genetic-related status. The Americans with Disabilities Act (ADA) protects individuals with disability from being treated unfairly in the workplace environment. For more information on the details of the Act and your rights as an individual with Diabetes, please click on the link here. (Please note that every state has its own anti-discrimination regulations and agencies. Some state’s laws provide more protection than other states’ laws and the federal law). Individuals With Disability Education Act (IDEA) A set of U.S. federal law that ensures services be provided to children with disabilities throughout the country. Under these regulations, children with Diabetes have the right to fully participate in all school activities and the school must meet their medical needs. For more information on the specific rights of children with Diabetes Continue reading >>

Diabetes Is A Disability

Diabetes Is A Disability

Required Accommodations for Employees with Diabetes The Americans with Disabilities Act (“ADA”) prohibits discrimination against employees with disabilities by state and local governmental entities and by private employers with fifteen (15) or more employees. The ADA was amended in 2008 to make it easier for an employee seeking protection under the ADA to establish that he or she has a disability. American with Disabilities Act Amendments Act of 2008 (“ADAAA”), 42 U.S.C. § 12102. The Equal Employment Opportunity Commission (“EEOC”) enforces the provisions of the ADA and the ADAAA. As diabetes becomes more common in the United States, it is important for employees and employers to understand the application of the ADA as it pertains to employees with diabetes. Diabetes is a disability under the ADA when it “substantially limits one or more of a person’s major life activities.” 42 U.S.C. § 12102. The amendments and the EEOC’s final regulations have made it clear that diabetes is among several listed impairments that “virtually always” substantially limit a major life activity. 29 C.F.R. §§ 1630.2(j)(3)(iii) and (j)(4)(iv). In other words, diabetes is almost always considered a disability under the ADA. Employers must tread carefully when diabetes is suspected or where an employee has indicated directly that they have diabetes. Asking the Employee About Diabetes or Requiring a Medical Exam For various reasons, employers may suspect that an employee has diabetes and want confirmation. However, the ADA strictly limits the circumstances in which an employer can ask about an employee’s medical condition or require an employee to submit to a medical exam. The circumstances in which an employer can ASK about suspected diabetes include: (A) where the Continue reading >>

Can Type 2 Diabetes Be A Disability?

Can Type 2 Diabetes Be A Disability?

Posted on Jan 20, 2017 in Employment by Noele McClelland According to Diabetes UK, there are now 3.9 million people in the UK who are diagnosed with diabetes, and an anticipated 1.1 million currently undiagnosed. Type 2 diabetes is by far the most common type, with an estimated 90% of diabetics suffering from Type 2.   In light of these alarming statistics, are employers required to make reasonable adjustments for type 2 diabetics in the workplace?  Disability is one of the nine “protected characteristics” covered by the Equality Act 2010 (“the Act”).  It is unlawful for an employer to treat those with disabilities less favourably than those without.  In addition, employers have an obligation to make reasonable adjustments for disabled employees.   The Act contains principles that employers should follow in their treatment of employees with disabilities. The Act defines a disability as a physical or mental impairment that has a substantial long-term effect on a person’s ability to carry out normal day-to-day activities.  The Act does not refer to an exhaustive list of what will be considered as normal day-to-day activities, and rather will be determined on an individual basis.  Applying common sense however, in the workplace, examples could include using a telephone or computer, writing, interacting with colleagues or following instructions. Similarly, what is considered to be a substantial and long term effect, is a question of fact and evidence but the Act provides the following guidance.  The term “substantial” effect is an effect which is more than minor or trivial and an impairment will be treated as having a substantial adverse effect on a person’s ability to carry out normal day-to-day activities if, measures are being taken to treat or c Continue reading >>

Can I Work With Diabetes?

Can I Work With Diabetes?

Both Type I and Type II Diabetes, as well as the other forms of diabetes, can be debilitating if not controlled. Many can and do qualify for Social Security Disability benefits because of diabetes. However, simply having diabetes does not automatically qualify you for Social Security Disability benefits. Your eligibility for Social Security Disability depends on which symptoms you have and their severity. You may also qualify for Social Security Disability benefits due to diabetes-related conditions, such as having amputated limbs or blindness. Diabetes is a digestive disease which affects your insulin levels. Because of the imbalance in insulin, your levels of blood sugar become elevated. This causes an increase in hunger and thirst and frequent urination. A common side effect of the constant hunger associated with high blood sugar levels and diabetes is weight gain and obesity. Additional symptoms include abdominal pain, altered consciousness, vomiting, nausea, and dehydration (usually due to craving sweet or caffeinated drinks to quench thirst). Nearly 3% of the world’s population suffers from some form of diabetes, making it one of the most prevalent diseases in the world. Effects of Diabetes on Your Ability to Perform Physical Work Depending on the severity of your symptoms, and which symptoms you suffer from (some people with Type II Diabetes have no noticeable symptoms at all), your ability to perform physical work may or may not be affected. In order to be eligible for Social security Disability benefits, you must be unable to perform any kind of work which you have ever done in the past, and the SSA must determine that you could not reasonably be trained to do any other kind of work. In order to qualify for Social Security Disability benefits from diabetes, y Continue reading >>

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