Diabetes andf Disabilities

[Guest guest]

*Q. One of my employees is a diabetic, but takes insulin daily to

control his diabetes. As a result, the diabetes has no significant

impact on his employment. Is he protected by the ADA?*

A. Yes. The determination as to whether a person has a disability under

the ADA is made without regard to mitigating measures

<http://www.eeoc.gov/facts/ada17.html#addendum>, such as medications,

auxiliary aids and reasonable accommodations. If an individual has an

impairment that substantially limits a major life activity, she is

protected under the ADA, regardless of the fact that the disease or

condition or its effects may be corrected or controlled.

This is from http://www.eeoc.gov/facts/ada17.html this is from the

/Equal Employment Opportunity Commission/ website

The page starts with:

Since *The Americans with Disabilities Act: Your Responsibilities as an

Employer * was published, the Supreme Court has ruled that the

determination of whether a person has an ADA " disability " must take into

consideration whether the person is substantially limited in performing

a major life activity *when using a mitigating measure.* This means that

if a person has little or no difficulty performing any major life

activity because s/he uses a mitigating measure, then that person will

not meet the ADA's first definition of " disability. " The Supreme Court's

rulings were in _Sutton v. United Airlines, Inc._, 527 U.S. ____ (1999),

and _ v. United Parcel Service, Inc._, 527 U.S. ____ (1999).

Which is confusing to me.

Anyway, it's best to look at the entire page yourself to see what all

there is.

http://www.eeoc.gov/facts/ada17.html

Also, for more information (from the same webpage):

*Equal Employment Opportunity Commission*

1801 L Street, NW

Washington, DC 20507

(Voice), (TDD)

(Voice - for 202 Area Code)

( TDD - for 202 Area Code)

**

[Guest guest]

Ahh, the plot thickens.

According to the info on the site Jeff posted, " mitigating measures " do

change the picture significantly:

http://www.diabetes.org/advocacy-and-legalresources/discrimination/employment/am\

ericansdisabilities.jsp

" As a result of three recent Supreme Court decisions (referred to at the

Sutton trilogy), a person with diabetes will have to show that she/he still

meets the definition of disability after taking any mitigating measures -

such as insulin and oral medications. Courts are required to do an

individual assessment of each person, looking at how diabetes affects

him/her. This will include such things as the impact of insulin and oral

medication on the person and any diabetes-related complications. "

Which is why the ADA would likely dismiss me, despite the fact that I am a

25-year Type 1 . . . I am on medication (insulin) for control of the

" physical impairment " with the result that my diabetes does not

" substantially limit a major life activity " for me. (Hoorah!) All that is

fine with me as I've never wanted or tried to get " accommodations " or perks

from an employer due to my diabetes . . . I'd much rather pass for

" normal. " To me, THAT is " success. "

Sandy

T1 - 1979

wrote:

>*Q. One of my employees is a diabetic, but takes insulin daily to

>control his diabetes. As a result, the diabetes has no significant

>impact on his employment. Is he protected by the ADA?*

>

>A. Yes. The determination as to whether a person has a disability under

>the ADA is made without regard to mitigating measures

><http://www.eeoc.gov/facts/ada17.html#addendum>, such as medications,

>auxiliary aids and reasonable accommodations. If an individual has an

>impairment that substantially limits a major life activity, she is

>protected under the ADA, regardless of the fact that the disease or

>condition or its effects may be corrected or controlled.

[Guest guest]

Actually, unless you are a Member of the VA... being Disabled and Diabetic

is not that Great of a thing anyway. Even for like me, Married, on Medicare

... they say my Husbands income is too High, so we have to spend out of our

own pocket on Prescriptions, Insuline, etc... but the good thing is, we can

claim it all on our Taxes next year, along with other Medical Bills.

I wish I could Work, but I was made to quit my job just over a yr. ago

because of having a Chronic wound that would not heal. My BG was over 350

most of the time that I was working, and could never get a Doctor who was

really concerned about it until I ended up in the Hospital last month, and

finally put on Insuline... So I feel a lot of these problems could have at

least been minimized a little ast yr. if they could have done more for me.

So as for Diability and Diabetic... unless you are Single, or Lower incomed

or a member of the VA, be Thankful for what you do have, and if you can work

and be a success at that, keep at it.

~~Tina~~