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Re: [IP] is diabetes considered to be a disability

In a message dated 7/4/2002 2:24:38 AM Mountain Daylight Time, 
email @ redacted writes:

> A few years back I was trying to get employed
>  by a coffee distribution company as a reginal manager. Since they were in
>  distribution, one of their hiring policies was to pass a DOT physical. I
>  failed since I was diabetic. I called the company and they said sorry. I
>  wrote to my senators about the DOT physical guideline and was told that
>  diabetes is under the ADA, however, it doesn't apply to government 

It really pisses me off that the governement can be exempt from something 
like the ADA (but that's a whole other rant . . .)

First of all, I can't imagine that a coffee distribution company is a 
government agency.  And if so, the government agency exemption from applying 
the ADA guidelines wouldn't apply.  

But, the main issue I see doesn't have anything to do with the ADA:  Unless 
they require their regional managers to drive a comercial vehicle, passing a 
DOT physical would not be a legitimate requirement for the position an 
clearly discriminatory (but not necessarily under the ADA).  Passing some 
kind of physical that addresses your ability to carry out the duties of the 
position would be legitimate -- but I imagine the DOT physical has very 
different and more stringent requirements than is necessary or appropriate 
for someone in a desk job.  

It's quite a few years since I worked in the Human Resources field, but this 
situation was clearly a case of discrimination -- not under the ADA, but (and 
again I'm rusty here) probably under the Civil Rights Act of 1964 (or one of 
the other related laws passed in the 60s and early 70s).  Employers are 
prohibited in engaging in arbitrary and discriminatory employment employment 
practices and I think that a good attorney specializing in this area would 
have been able to make a case for you at the time . . .

Pumpmama to katie
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