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 >>
Type 2 Diabetes And Your Workplace Rights
Living with type 2 diabetes is hard enough. But what if your condition affects your work or the way people treat you there? Learn about your employment rights as someone with diabetes. Diabetes is considered a disability under the Americans with Disabilities Act (ADA). This law applies to any employer in the United States that has 15 employees or more. It also applies to: labor organizations joint labor-management committees employment agencies all state and local government employers If you’re employed by or applying for a job with one of these organizations, the ADA protects you from discrimination. An employer can’t refuse to hire you based solely on your diabetes. In fact, you don’t even have a legal obligation to tell a prospective employer about your condition. Once you’ve been hired, the ADA also requires your employer to provide reasonable accommodations. These include changes to your workplace or routine that can help you to manage your condition. You may also be protected under the Rehabilitation Act if you’re federally employed. Depending on where you live, additional state laws may cover smaller employers or offer broader protections. In most cases, an employer can’t use your diabetes as a reason: not to hire you not to promote you to fire you The only exception is if your condition poses a direct threat to your health or safety or those of others. For example, do you frequently experience hypoglycemic episodes that could interfere with your duties? These episodes might incapacitate you while you’re operating heavy machinery. This could put your life at risk. In this case, an employer has the right not to hire you for a role that requires you to operate that machinery. Once you’ve received a job offer, you’re subject to the same medical req Continue reading >>
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)
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 Not A Disability Under The Ada?
On 1/30/17, a federal judge granted summary judgment to an employer on an ADA discrimination claim on the ground, among others, that the employee’s diabetes was not a disability under the ADA. The court reasoned that the employee had not produced evidence that the diabetes substantially limited him with regard to any major life activities. The case is Sanders v. Bemis Company, Inc. (E.D. Kentucky 1/30/17). The court noted that a number of other federal circuit courts have reached the same conclusion, and that in these cases “diabetes ordinarily fails to rise to the level of a disability under the ADA,” particularly where the diabetes only requires an employee to inject insulin daily, wear a pump and monitor blood sugar and make modest dietary and lifestyle changes. No liability for failure to accommodate. The court also concluded that even if the employee’s diabetes qualified as a disability, the employer was entitled to summary judgment nonetheless. There is a reasonably complex factual background (just like many in ADA/FMLA cases). The court noted that the facility at which the employee worked had changed ownership several times during his employment. When the employee was first hired in 1986, he worked 8 hours shifts. In March 2002, the facility changed ownership and the new owner altered his work schedule and required him to work 12 hour shifts. He submitted a physician’s recommendation that he work an 8 hour shift because of his Type 1 diabetes. The new owners agreed, and he was assigned an 8 hour per day shift of Monday through Friday. Subsequently, the facility changed hands again, and the employee continued to work an 8 hour shift until June 2014 when the employer advised him that he would need to work 12 hour shifts going forward. The employee spoke t Continue reading >>
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 >>
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 >>
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 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 >>
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 >>
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 >>
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 >>
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 >>
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 >>
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 >>
