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Re: [IP] blood donation

> At 06:12 PM 7/15/1999  Jane B Reese wrote:
> >Cindy -
> >
> >Don't be ticked off - is this the first diabetes "official" rejection
> >you've had?  I've been refused jobs, etc.,
> Which is, as we all should know, totally illegal. You can't discriminate 
> against someone with diabetes in hiring (unless it is a blatant safety 
> issue, like being an airline pilot). The Americans with Disabilities Act 
> (ADA) includes us. Don't take discrimination lying down. (Or, standing up 
> either).
> Sam


It's probably not a good idea to count on the ADA anymore.  There were
two Supreme Court rulings last month which made it A LOT less likely
that a diabetic could successfully sue under the ADA.  The first
ruling  drastically limited the scope of the ADA, limiting it
essentially to people who still cannot perform "one of life's
essential tasks" (or whatever the ADA wording is) *despite* medical
remediation.  That is, if your "disability" is correctable enough so
that you can work, eat, etc., etc., the ADA no longer applies to you.

The second ruling affects only those of us who work for state
governments.  The Court introduced a new Federalism (or made one up
wholecloth, depending on your point of view) which has the effect of
removing any protection that state workers would have under Federal
law.  Technically we're still covered by Federal law (Fair Labor
Standards, ADA, OSHA, etc.), but we can no longer sue for protection
in state courts.  As we already couldn't sue for state violation of
Federal law in Federal courts, that means that the only way to use 
Federal law is to get a Federal body (EEOC, etc) to bring suit for 
you in Federal court.  Best of luck! :-)

Dave Breeden                                           email @ redacted
Insulin Pumpers website http://www.insulin-pumpers.org/
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