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Diabetes And The Disability Act

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 >>

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 >>

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 >>

Diabetes And Discrimination

Diabetes And Discrimination

Tweet The Equality Act of 2010 states that your employer should be expected to make reasonable adjustments to prevent discrimination taking place. An employer should not place you in a situation where you are disadvantaged as a result of your diabetes, if it can be reasonably avoided. An example may be if you need to have breaks to test blood glucose levels. Where this can be accommodated, the employer should make adjustments to allow you to do this. I feel I am being discriminated against because of my diabetes, what should I do? Should you feel that you have a case, there are a numbers of ways to deal with the issue. Where possible you should try to speak informally with your manager, supervisor or member of human resources. Address the issue and work out what can be done to resolve the problem. Tweet Type 2 diabetes mellitus is a metabolic disorder that results in hyperglycemia (high blood glucose levels) due to the body: Being ineffective at using the insulin it has produced; also known as insulin resistance and/or Being unable to produce enough insulin Type 2 diabetes is characterised by the body being unable to metabolise glucose (a simple sugar). This leads to high levels of blood glucose which over time may damage the organs of the body. From this, it can be understood that for someone with diabetes something that is food for ordinary people can become a sort of metabolic poison. This is why people with diabetes are advised to avoid sources of dietary sugar. The good news is for very many people with type 2 diabetes this is all they have to do to stay well. If you can keep your blood sugar lower by avoiding dietary sugar, likely you will never need long-term medication. Type 2 diabetes was formerly known as non-insulin-dependent or adult-onset diabetes due to it 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 >>

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 >>

Disability Discrimination Based On Diabetes

Disability Discrimination Based On Diabetes

Disability Discrimination Based on Diabetes Disability Discrimination Based on Diabetes Employment Attorneys Representing Los Angeles Residents Diabetes is a disorder that substantially limits the endocrine system, such that blood sugars are high. There are three types of diabetes: Type 1, Type 2, and gestational diabetes. Usually, people are born with Type 1 diabetes or diagnosed with it when they are young. It is caused by autoimmune destruction of the cells that produce insulin. Type 2 diabetes is characterized by insulin resistance that progresses to degraded or lost cell function. Gestational diabetes is a result of improper interactions between what a fetus needs and the mother's metabolism, and it sometimes progresses to Type 2 diabetes. When insulin is not properly controlled, other medical conditions like heart disease and nerve damage may result. If you are a victim of mistreatment in your workplace based on your diabetes, the Los Angeles disability discrimination lawyers at The Nourmand Law Firm may be able to help you recover damages. Pursuing Damages for Disability Discrimination Based on Diabetes People with diabetes may face numerous complications when they are not under the care of a physician, and their insulin is not under control. Diabetes may be disabling, and if you become disabled by it, you may need reasonable accommodations from your employer, such as time off work to go to the doctor, time to take insulin shots, or the ability to keep food available in case of blood sugar issues. In most cases, your employer is not permitted to take any adverse employment action against you on the basis of a disability. Adverse employment actions that may be considered discrimination include firing, demoting, retaliating, harassing or making an unfavorable reas 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 >>

Protection From Diabetes Work Discrimination

Protection From Diabetes Work Discrimination

Part 3 in a 4-part series The Americans With Disabilities Act of 1990 was forced to undergo an overhaul after its shortcomings were exposed in a lawsuit (Sutton v. United Airlines) over whether bespectacled pilots were considered disabled. In the Supreme Court ruling on that lawsuit, diabetes was brought up as a key stress test for the law, as we examined in a previous article in this series. With the Supreme Court’s feedback in hand, regulators realized they needed to rework the law in general, as well as specifically address workplace discrimination protection for people with diabetes. With the active participation of the American Diabetes Association, the 101st Congress overhauled the Americans with Disabilities Act in 2008, adding language to better address the complications of diabetes. The Equal Employment Opportunity Commission (EEOC) then overhauled its regulations and its enforcement and compliance guidelines for employers. The new regulations more clearly defined the need for protection from workplace discrimination for several complications of living with diabetes, including: eyesight problems, diminished feeling in hands and feet, and the need to take time to test, administer insulin, or have a snack. It then offered the best of both worlds in legal protection for people with diabetes. First, it clarified that even if a person with diabetes can successfully navigate the condition with medication, it doesn’t mean diabetes stops being a “disability” that deserves legal protection. Second, it states that having to deal with diabetes shouldn’t necessarily disqualify someone from performing the essential functions of the job. In other words, people with diabetes should not be disqualified from being hired just because they have diabetes, but they should 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 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 >>

Diabetes And Social Security Disability

Diabetes And Social Security Disability

Diabetes - Condition Diabetes is a medical condition in which a person’s level of glucose, or blood sugar, is elevated. In a properly functioning circulatory system, blood carries glucose to all the cells in the body in order to produce energy, while the pancreas produces insulin to help the body absorb excess glucose. High levels of glucose in the blood are an indication that the body is not producing enough insulin, or that the insulin produced is not working as it should to help the body absorb glucose, indicating a Diabetic or pre-Diabetic condition. There are three types of Diabetes: Type 1, or “juvenile” Diabetes Type 2, or “adult onset” Diabetes, and Gestational Diabetes Diabetes mellitus is the medical name for both Type 1 and Type 2 Diabetes. Pre-Diabetes is a condition in which blood glucose levels are elevated, indicating that an individual has a high risk of developing full-fledged Diabetes. Diabetes is a very serious disease which can result in high blood pressure, damage to the eyes, nerve damage, kidney disease, heart disease, blindness, and stroke. In addition, it is not uncommon for a long term diabetic to loose limbs to amputation because of poor circulation. Symptoms The presence of Diabetes is generally indicated by some combination of several symptoms. A diabetic will often experience unexplained: frequent need to urinate, especially if it is combined with extreme thirst, chronic hunger, especially between meals, fatigue, weight loss, and/or general feelings of irritability Many diabetics report dry, itchy skin and trouble with genital itching and fungal infections. A tingling sensation or numbness in the feet is another indication, as is blurred vision. Finally, the skin of many diabetics is slow to heal from wounds, skin abrasions, or so Continue reading >>

Social Security Disability For Diabetes (type I Or Type Ii)

Social Security Disability For Diabetes (type I Or Type Ii)

Diabetes happens when the body doesn't produce enough insulin to process glucose. Diabetes can often be controlled with treatment -- a combination of medication and diet. As a person gets older, sometimes diabetes can't be controlled, and then it can cause damage to internal organs and other problems. Symptoms and Complications of Adult Diabetes Symptoms of both diabetes type 1 and diabetes type 2 include frequent urination, unusual thirst and hunger, and extreme fatigue. People with type 2 diabetes also can suffer from tingling or numbness in the hands and feet, frequent infections, and cuts that are slow to heal. Complications from diabetes include: retinopathy (eye and vision problems) nephropathy (kidney disease) neuropathy (nerve damage) in feet or hands that disrupts your ability to stand, walk, or use your hands hypertension (high blood pressure) gastroparesis (a type of nerve damage that interferes with digestion) peripheral arterial disease (reduced blood flow to your limbs) cellulitis (skin infections), and Qualifying for Disability Benefits with Diabetes If you have uncontrolled diabetes and you have been prevented from working for at least 12 months, or you expect that you won't be able to work for at least 12 months, then you may be eligible for Social Security disability (SSDI/SSD) benefits or Supplemental Security Income (SSI) benefits. But to qualify for disability benefits, the damage caused by your diabetes must severely limit what you can do, or you must have complications that fulfill the requirements of one of Social Security's disability listings. If your diabetes is uncontrolled because you don't follow your doctor's prescribed treatment, you won't be eligible for disability. For more information, see our article on failing to comply with treatmen 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 >>

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 >>

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