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[IP] ADA Discrimination Protocol
Believe it or not I remember little about my suit - and it was both work related and included the ADA act. The Title III is what's confusing me here, so if you can spell out the differences I could be more helpful I think. What I can tell you is that it's illegal to discriminate against anyone with diabetes simply because the camp or day care doesn't want to deal with it or because they aren't set up to do so. There are some work related restrictions that are 'contraindicated' - like no blind airline pilots (not yet anyway) and the cases that are actually won in court re diabetes have more to do with clear cut discrimination- eg. we won't let you go to camp here because you're diabetic - and NOT because you still wet the bed at nap time. To win a case, the attorney has to prove beyond a reasonable doubt, that the reason is SOLELY because you're diabetic and that there is NO other reason possible for being 'eliminated'. Frankly, most attorney's can't really make a case, bec!
ause people (at work, camp, whatever) almost immediately start giving other reasons - I was 'suddenly' incompetent at the job I worked with many excellent references over the years. The legal route is a big can of worms- but I can tell you this many times just a friendly letter reminding folks that they are in violation of the ADA Act is enough to get them moving. Then just do a consult with an attorney (free to $50.00)
and have them write another letter that reminds them.
Then if the 'camp' hasn't called you by then rescinding their former stance, file a suit (free) and have your attorney tell you where to do this. (Do it yourself and save.) It's not a biggie. When the 'camp' is notified by the state that a suit has been filed, they usually start to move real quickly. No business wants the bad publicity of having a discrimination suit filed against them. Once you file the suit, you can always drop it. Which is easy to do. Most places won't go this far (mine didn't) and IF it's a work related situation (for other readers here!) this is when you make a settlement. Most every company will definitely settle for the amount that it would cost them to defend themselves in court. This is a standard business practice. My brother, who owns a business, told me whenever anyone files a suit for ANY reason, he settles out of court- whether he feels he's innocent or not. He doesn't want to hire a team of high priced lawyers and spend his valuable t!
ime in court for a week - AND there's the possibility he still might lose. So choose your battles wisely. You need to be very clear exactly what you want. Though it's illegal to discriminate companies do it all the time because most folks don't get a lawyer or know about the ADA laws. My lawyer told me it's only about 1 in 100 that ever makes waves.
So IF it's important to you that your son go to that day care an no other, then go ahead and start the process. As I hope is clear, until the discrimination suit comes to court you can always back out. I decided to play 'hard ball' with the big boys and it darn near did me in. I couldn't sleep for 9 months! And yes, I settled out of court, but in retrospect I think my energy could've been better spent.
Sorry to go on so long, but as you can tell, this is one of those things that brings it all back to me.
Good luck. Feel free to write and ask questions.
---- On Aug 10 email @ redacted wrote:
> I saw on the IP mail that you filed a discrimination suit. Was it work
> related or Title III of the ADA. My son was not allowed to go to a day camp
> because the camp said that they could not take care of his diabetes.
> If yours is re Title III of the ADA please let me know how things turned out.
> If it was not regarding Title III I hope you fared well and had a decision in
> your favor.
> Good Health and Happiness,
> Jeff Poritzky
> Type 1 39yrs pumping 17yrs
> Father of 4yrs old type 1 son
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