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

>It really pisses me off that the governement can be exempt from >something 
>like the ADA

Actually, they aren't.  There are *very few* companies that have any type of 
exemption.  Those that are exempt are typically very small businesses (like 
a mom and pop place) that have under a specified number of employees.

Exemptions for state and local governments are (again, typically) structural 
exemptions for physical access in buildings that are considered historic.

>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.

If a physical or other type of medical tests (blood or urine testing for 
drug screenings, for example) is required for all employees, and they use 
those results for some other purpose (or a company tests for something 
without telling the applicant) then they would be violating not only the ADA 
but also the Rehabilitation Act of 1976(?) and other civil rights laws as 

Weird Jenn
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